Md. Mojibur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39997 of 2012 ====================================================== Md. Mojibur Rahman, son of Md. Enamul Haque, resident of Village Mirjapur, P.S. Pothia, District-Kishanganj .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Parmanand Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed for quashing the order 23.1.2012 passed by the Judicial Magistrate, Ist Class, Kishanganj in connection with Pothia P.S. Case No.23 of 2011 by which he has taken cognizance against the petitioner for offence under Sections 341, 323, 387, 504 and 506/34 of the Indian Penal Code.

Allegation has been made against the petitioner that he has demanded extortion money of Rs.500/- per trolley. Learned counsel for the petitioner submits that allegation against the petitioner is not sustainable as during that period he was the lease holder and in this regard he has relied the lease document.

This Court does not find any error in the impugned

Patna High Court Cr.Misc. No.39997 of 2012 (3) dt.20-03-2015 order. Accordingly this application is dismissed. However, the petitioner will be at liberty to raise all points before the court below at the appropriate stage.

Vinay/- (Shivaji Pandey, J) U T