Patna High CourtCR. MISC./21917/2016disposed

Tarachand Poddar v. State Of Bihar And ANR

2017-04-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21917 of 2016 Arising Out of PS.Case No. -427 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Tarachand Poddar son of late Deep Narayan Poddar presently residing at Sheonagar Dariyapur South P.S. Parsa Bazar Dist. Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar Singh, Advocate For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and Mr. J.N. Thakur, learned counsel for the State.

The present application has been filed for quashing of the order dated 28.01.2016 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 427(C) of 2013 whereby substance of accusation has been explained under Sections 417 and 504 of the I.P.C in a summons triable case. From the records it appears that earlier the petitioner preferred Cr. Rev. No. 166 of 2014 challenging the order dated 22.10.2013 passed in Complaint Case No. 427(c) of 2013 by the Judicial Magistrate 1st Class, Patna whereby process has been directed to be issued after cognizance was taken under Sections 417 read with 504 of the Indian Penal Code, which was disposed

Patna High Court Cr.Misc. No.21917 of 2016 (2) dt.27-04-2017 2/2 of giving liberty to the petitioner to raise all the points at the appropriate stage.

The impugned order was passed on 28.01.2016 but there is nothing on record to suggest the present stage of the case. In the facts and circumstances, this court is not inclined to interfere with the order impugned. Accordingly, the application is disposed of with liberty to the petitioner to raise all contentions at the appropriate stage of the proceedings.

(Dinesh Kumar Singh, J) Prakash/- U T