Patna High CourtCR. MISC./49953/2013dismissed

Jitu Raj @ Jitin Raj v. State Of Bihar And ANR

2017-06-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49953 of 2013 Arising Out of PS.Case No. -81 Year- 2013 Thana -KADAMKUAN District- PATNA =========================================================== Jitu Raj @ Jitin Raj, Son of Mintu Raj R/o Mohalla- Krishna Nagar, Road No. 23 Mandiri, P.S. Budha Colony, District- Patna. At present residing at Mohalla -Mohar Tola Dariyapur, P.S.- Kadamkuan, District- Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Sayantika Shaw D/o Late Ambuj Kumar Shaw, Resident of Dariyapur Gola, P.S. Kadamkuan, Dist.- Patna .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate Ms. Y. Madhavi, Advocate For the State : Mr. Jharkhandi Upadhyay, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 22-06-2017 By way of the present application preferred under Section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of the order dated 14.05.2013 passed by the learned Judicial Magistrate, Patna in Kadamkuan P.S. Case No.81 of 2013 whereby cognizance of the offence punishable under Sections 354, 376 and 511 of the Indian Penal Code as also Section 66 of the Information and Technology Act taken against the petitioner.

Patna High Court Cr.Misc. No.49953 of 2013 dt.22-06-2017 2 / 2

2. The allegations made in the FIR are quite serious. They do attract ingredients of the offences alleged. The police investigated the case and found the accusation made against the petitioner to be true and, accordingly, submitted a report under Section 173(2) of the Code of Criminal Procedure in the court of learned Magistrate. The learned Magistrate after taking into consideration the allegations made in the FIR, the police report submitted under Sections 173(2) of the Code of Criminal Procedure and the materials collected during investigation, took cognizance of the offence.

3. I see no illegality in the order impugned passed by the learned Magistrate.

4. Accordingly, the application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.06.2017 Transmission 24.06.2017 Date