Patna High CourtCR. MISC./4840/2016dismissed

Prabhunath Singh v. The State Of Bihar And ORS

2018-09-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4840 of 2016 Arising Out of PS. Case No.-1293 Year-2015 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Prabhunath Singh son of Late Sukhdeo Singh resident of Village Dhorkhi Kaithal P.S. Amnaur District Saran (Chapra), Presently residing at Mohalla Narayani Nagar (Road No.4) P.S. Hajipur Town District- Vaishali (Hajipur) ... ... Petitioner/s

Versus

1. The State of Bihar

2. Srinath Singh son of Dindeyal Singh

3. Bijai Kumar Singh son of Srinath Singh Both residents of Village Dhorlahi Abhiman P.S. Amnaur District Saran (Chapra).

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 17-09-2018 This petition under section 482 Cr. P.C. has been filed for quashing the order dated 15.6.2015 passed by J.M. 1st Class, Vaishali at Hajipur in Complaint case no. 1293/15 by which learned Magistrate has dismissed the complaint u/s 203 Cr. P.C.

None appears on behalf of the petitioner. Learned counsel for the opposite party no.2 is present.

The complaint filed by the complainant was dismissed by the learned Magistrate by order dated 15.6.2015 on the ground that the case is of breach of terms of agreement which give rise to civil cause of action. The complaint was dismissed under Section 203 Cr. P.C.

Patna High Court Cr.Misc. No.4840 of 2016 dt.17-09-2018 2/2 The petitioner has filed Cr. Revision before the learned Additional Sessions Judge vide Cr. Rev. no. 265 of 2015 which was also dismissed by learned Additional Sessions Judge-II, Vaishali at Hajipur on 21.11.15.

This Court, after looking into the allegation in the complaint petition and the impugned order, does not find any illegality in the same.

This Cr. Misc. petition is, accordingly, dismissed. (Sanjay Priya, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.9.2018 Transmission Date 25.9.2018