Rajesh Paswan And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52498 of 2015 Arising Out of PS. Case No.-929 Year-2015 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

Rajesh Paswan Son of Lalo Paswan, resident of Village- Kapasiya Thana Nagar, District- Begusarai.

2.

Pawan Kumar Son of Rameshwar Prasad Singh, resident of village- Dihma, P.S. Matihani, District- Begusarai.

3.

Jai Prakash Yadav Son of Bhola Yadav resident of Village- Shusil Nagar, P.S.- Mufasil, District- Begusarai.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Pankaj Thakur Son of Late Awadhesh Thakur, resident of Village- Khamhar, P.S. Muffasil, District- Begusarai.

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

For the Petitioner/s :

None.

For the Opposite Party/s :

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-03-2023 No one appears on call.

The present petition has been preferred for quashing of the order dated 23.06.2015 by which learned Judicial Magistrate 1st Class, Begusarai in Complaint Case No. 929/2015 took cognizance under Sections 323, 504 and 379 of I.P.C. As per the prosecution story, it has been alleged that when the complainant being truck driver was returning after selling the stone chips and as he reached near Khamhar Zoo Mtr., the vehicle was blocked by a bolero and on the point of pistol, Rs. 42,000/- was taken away by the accused persons.

Patna High Court CR. MISC. No.52498 of 2015(2) dt.20-03-2023 2/2 The learned Judicial Magistrate, 1st Class, Begusarai, took up the matter on 23.06.2015 and having been prima facie satisfied took cognizance under Section 323, 504 and 379 of the I.P.C. prompting the petitioner to prefer the present petition. This Court has gone through the facts of the case, the allegation as also cognizance order and does not find it a fit case to interfere in the matter.

Accordingly, the petition stands dismissed for non prosecution with liberty to the petitioners to raise all the points at an appropriate stage before the Trial Court. (Rajiv Roy, J) Ravi/-Kiran U T