Raza Ram Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44616 of 2019 Arising Out of PS. Case No.-962 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Raza Ram Prasad, aged about 50 years, Son of Late Sita Ram Mahto, Resident of Mohalla- Near Pitambhara Mandir Colony, Beside Bal Vidya School, P.S.- Alamganj, P.O.- Guljarbagh, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Ranjeet Kumar Sinha, aged about 40 years, male, Son of Rudra Dev Prasad, Resident of Challital, P.O. Gulzarbagh, P.S.- Alamganj, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranaya Shanker Sinha, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-09-2019 The petitioner seeks quashing of the order dated 09.02.2017 passed by the learned Additional Chief Judicial Magistrate-III, Patna City in connection with Complaint Case No. 962 of 2016, whereby cognizance has been taken against him under Sections 406, 420 and 34 of the Indian Penal Code.

2. From the perusal of the complaint petition,

Patna High Court CR. MISC. No.44616 of 2019(2) dt.02-09-2019 2/2 specific case for the offences under Sections 406 and 420 of the Indian Penal Code is made out.

3. The grounds taken by the petitioner, specially that it is a case of civil nature, will not be of any avail to him as the complaint refers to criminal offences and if there is an incidence of civil dispute also, that by itself would not be a ground for quashing the order of cognizance.

4. If at all the petitioner wishes to raise these points, he may do so at the appropriate stage of discharge.

5. For the present, this Court is not inclined to interfere with the order of cognizance.

6. The petition is dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T