Ram Narayan Brahmachari And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34931 of 2014 Arising Out of PS. Case No.-151 Year-2013 Thana- PATLIPUTRA District- Patna ======================================================

1. Ram Narayan Brahmachari son of Late Ramashraya Lal

2. Kishore Kunal son of Shri Ram Narayan Brahmachari both are resident of village- Mainpura Sidheshwar Nagar, P.S. Patliputra, District Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. Meena Kumari, Wife of Niranjan Kumar Rai, Daughter of Ram Lakshan Rai, Resident of Mainpura LCT Ghat Behind Ganga Tower Gali No.2, P.S. Patliputra, Patna-1.

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

For the Petitioner/s :

Mr. Satya Prakash For the Opposite Party/s :

Mr. NARENDRA KUMAR SINGH(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date : 05-02-2018 Heard learned counsel for the petitioners, learned APP for the State as well as learned counsel appearing on behalf of opposite party no.2.

2. The petitioners seek quashing of the cognizance order dated 24.05.2014, passed by learned Judicial Magistrate, 1st Class, Patna in Patliputra P.S. Case No.151 of 2013 thereby taking cognizance of the offence under Sections 323, 341, 504, 354, and 34 of the Indian Penal Code.

3. It is submitted that there is case and counter case, so on account of counter case, this false implication is made.

Patna High Court Cr.Misc. No.34931 of 2014 dt.05-02-2018 2/2

4. It is not the case that allegations made in the present case do not disclose any offence. The veracity of both the cases can only be ascertained after trial. There is no ground for interference in the cognizance order, so this quashing application stands dismissed.

(Arun Kumar, J) S.KUMAR/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.02.2018 Transmission Date 08.02.2018