Keshaw Lal Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48303 of 2012 Arising Out of PS.Case No. 2977 Year- 2011 Complaint Case District- -Patna =========================================================== Keshaw Lal Prasad son of Late Nem Narayan Rai, resident of Mohalla-Chakaram, P.S.-Budha Colony, District -Patna .... .... Petitioner
Versus
The State Of Bihar .... .... Opposite Party =========================================================== Appearance :
For the Petitioner : Mr. Suraj Narain Yadav, Advocate For the Opposite Party: Mr. Jitendra Kumar Singh, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 23-04-2015 Heard learned counsel for the petitioner and learned APP for the State.
2. The present application has been filed for quashing the order dated 04.09.2012 passed in Complaint Case no.2977 (C) of 2011 by which Smt. Reshma Verma,learned Judicial Magistrate, Ist Class, Patna has taken cognizance of offences under Sections 323 and 504 of the Indian Penal Code and directed issuance of process against the petitioner and others.
3. It is submitted that the accused persons including the petitioner have been falsely implicated in the complaint case which is mala fide and vexatious.
4. Be that as it may, on perusal of the impugned order of cognizance discloses that the learned Magistrate has duly taken note
Patna High Court Cr.Misc. No.48303 of 2012 dt.23-04-2015 2/2 of the complaint petition, statements of the complainant on solemn affirmation and evidence of the three witnesses before finding a prima facie case to be made out against the accused persons. Due application of mind while taking cognizance is writ large on the face of it, considering that no prima facie case was found to be made out under various sections of the Indian Penal Code as well as Section 27 Arms Act.
5. In the above circumstances, this petition has no merit and is dismissed.
(Vikash Jain, J) B.T/- U T