Amit Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.39954 of 2012 dt.27-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39954 of 2012 Arising out of P.S. Case No. -1770 Year- 2010 Thana -null DistrictPATNA ======================================================== Amit Kumar, Son of Late Jagarnath Prasad, Resident of "Jagarnath Bhawan" Lane No. 1, Chandmari Road, Police Station-Kankarbagh, District-Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Raj Kumar Rajak, Son of Sri Hari Narayan Rajak, Resident of Madanlal Jai Gali, Azad Path, Kankarbagh Road, Police StationKankarbagh, Town and District-Patna..... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Gouranga Chatterjee, Adv. For the Opposite Party/s : Dr. Ajit Kumari, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 27-07-2015 The Petitioner seeks quashing of the order dated 27.07.2012 by which the Judicial Magistrate, 1st Class, Patna has allowed the Opposite Party No. 2 to exhibit certified copy of a report submitted by a Police Officer in Complaint Case No. 1770(C) of 2010.

Since it is well-known that contents of enquiry report can not be read into the evidence, I do not see any justification for delaying the matter any longer by interfering in this application.

Hence, the same is disposed off with a direction to the Court below to consider the exhibiting of the document only it has to be exhibited for purposes of evidence only as per the Evidence Act.

The Application stands disposed off with the aforesaid observations.

Vikash/- (Anjana Prakash, J.) U T