Nitya Nand Giri And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11157 of 2015 Arising Out of PS. Case No.-2573 Year-2013 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== 1.

Nitya Nand Giri, son of Late Shrawan Giri 2.

Vijay Kumar Giri, son of Late Shrawan Giri, 3.

Mira Devi, wife of Nitya Nand Giri, 4.

Radhika Devi, wife of Late Shrawan Giri, Petitioner Nos. 1 to 4, resident of Village- Kanpura Mathiya, P.S.-G.B. Nagar, Tarwara, District - Siwan.

5.

Bipin Bihari Prasad, son of Late Vidya Prasad, Resident of Village - Siktiyan, P.S. - Maharajganj, District - Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vinod Kumar Bharti, Son of Sri Sachchidanand Bharti, resident of Village - Pokhra Mathia, Aprad Mor, P.S.-Mahrajganj, District - Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyam Kumar, Advocate For the Opposite Party/s :

Mr. R.B.S.Pahepuri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-05-2019 Heard Mr. Priyam Kumar, learned advocate for the petitioners and learned APP for the State. This is an application seeking quashing of the order dated 06.08.2014 passed by the learned Judicial Magistrate, 1st Class, Siwan in Complaint Case No. 2573 of 2013 whereby cognizance has been taken under Sections 417, 403, 323/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.11157 of 2015(3) dt.07-05-2019 2/2 The learned advocate for the petitioners is not in a position to inform this Court about the stage of the case.

In any view of the matter, this Court is not inclined to interfere with the order of cognizance. However, if the trial is not concluded and the case is still at the stage of framing of the charge, necessary application, if so advised, may be filed by the petitioners.

With the aforesaid observation/direction, the petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U T