Patna High CourtCR. MISC./20436/2014allowed

Vijay Shankar Singh v. State Of Bihar And ANR

2016-06-21Justice Smt. Anjana Prakash2 pages

Patna High Court Cr.Misc. No.20436 of 2014 dt.21-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20436 of 2014 Arising Out of PS.Case No. -1045 Year- 2010 Thana -BUXAR COMPLAINT CASE DistrictBUXAR =========================================================== Vijay Shankar Singh son of Late Bishnu Singh resident of village - Krhansi, Police Station - Buxar Mufassil in the district of Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kamla Singh son of Late Chandrajit Singh resident of village - Karhansi, Police Station - Buxar Mufassil in the district of Buxar ... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 21-06-2016 The petitioner seeks quashing of the order dated 10.03.2014 passed by the Chief Judicial Magistrate, Buxar in Complaint Case No. 1045C of 2010.

The case of the complainant is that on the date of occurrence the accused persons entered the temple and committed theft of some articles lying therein.

It has been submitted that initially a first information report was instituted in the matter which ended in final report. However, a protest petition was filed which was treated as complaint but the same was also dismissed then the complainant then approached the revisional Court which set aside the order of dismissal and remanded the matter without hearing the petitioner.

Patna High Court Cr.Misc. No.20436 of 2014 dt.21-06-2016 Considering the nature of allegation and the fact that an independent agency looked into the allegation and found the same untrue the application is allowed and the order dated 10.03.2014 passed by the Chief Judicial Magistrate, Buxar in Complaint Case No. 1045C of 2010 is hereby set aside.

Prakash/- (Anjana Prakash, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 29.06.2016 Transmission Date 29.06.2016