Ejaz Rasool v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31307 of 2018 Arising Out of PS. Case No.-196 Year-2015 Thana- BARHIYA District- Lakhisarai ====================================================== Ejaz Rasool Son of Md. Shamsher Ali, resident of Village- Chhotki Ballia Saidan Chak, P.S.- Ballia, District- Begusarai. ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Sudhakar Kumar Singh son of Madan Singh, resident of Paharpur, P.S. Barahiya, District- Lakhisarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-08-2023 Heard the parties.

2. This application is filed for quashing the order dated 07.04.2017 passed by the learned CJM, Lakhisarai in Barahiya P.S. Case No. 196 of 2015 corresponding to G.R. No. 1656 of 2015.

3. The prosecution case in short is that the petitioner had taken Rs. 3,03,000/- from the complainant for a job on the post of Clerk in the Education Department but upon not getting the job within the stipulated time the complainant demanded back his money back the same was refused by the petitioner/accused.

Patna High Court CR. MISC. No.31307 of 2018(3) dt.21-08-2023 2/2

4. The defence of the petitioner cannot be considered by this Court at the stage of cognizance.

5. In view of the above, this Court is not inclined to interfere in this case.

6. Accordingly, this application is dismissed with liberty to the petitioner to raise all the grounds at the stage of framing of charge.

(Sandeep Kumar, J) Vikas/- U T