Md. Faiyaz And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3961 of 2016 Arising Out of PS.Case No. -1452 Year- 2013 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Md. Faiyaz Son of Late Md. Tahir,

2. Md. Aiyaz, Son of Late Md. Tahir, Both resident of village - Adhang, P.s. - Jalalgarh, District - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Abdul Raquib, Son of Late SK Aziz, Resident of Village - Adhang, P.S. - jalgarh, District - Purnea.

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

For the Petitioner/s : Mr. Nadimul Hasan For the Opposite Party/s : Mr. Smt. A. Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-09-2018 In terms of order dated 02.09.2016, two weeks' time was given to the petitioners to file supplementary affidavit and indicate as to whether the petitioners are on bail or are absconding. It appears that no supplementary affidavit has been filed as per office note.

This is a petition for quashing of order dated 27.09.2013 passed by learned Judicial Chief Judicial Magistrate, Purnea in Complaint Case No. 1452/2013, whereby the court below has found prima facie case against petitioners under Section 436/34 of the Indian Penal Code.

The court below after holding enquiry on the basis of allegation in the complaint petition and S.A. of complainant as well

Patna High Court Cr.Misc. No.3961 of 2016 (3) dt.14-09-2018 2/2 as statement of witnesses has found prima facie case against the petitioners and other accused.

In view of such, this Court does not find any illegality in the impugned order.

Accordingly, the Cr. Misc. petition is dismissed. (Sanjay Priya, J.) Rakhi U T