Patna High CourtCR. MISC./20477/2016dismissed

Vikash Kumar Jha And ORS v. State Of Bihar And ANR

2016-08-01Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20477 of 2016 Arising Out of PS.Case No. -2515 Year- 2015 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================

1. Vikash Kumar Jha, Son of Late Mahesh Jha,

2. Santana Devi, wife of Late Mahesh Jha,

3. Ashok Jha, son of Dhaneshwar Jha,

4. Ram Kumari Devi, wife of Ashok Jha,

5. Chhannu Jha, Son of Ashok Jha.

6. Rishi Kumar Jha, Son of Ashok Jha.

7. Rina Devi, wife of Ramesh Jha,

8. Ramesh Jha, Son of Dhaneshwar Jha,

9. Dipak Kumar @ Nitesh Jha, son of Ramesh Jha, All are Residents of Village Suro (Ojha Tola) Police Station Bachhawara, District Begusarai.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Rama Devi, wife of Naresh Jha, Resident of Village Suro (Ojha Tola) Police Station Bachhawara, District Begusarai. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Maharaj For the Opposite Party/s : Mr. Md. Fahimuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-08-2016 Heard Sri Satish Kumar Singh, learned counsel for the petitioners, learned Addl. Public Prosecutor and Sri Sondip Kumar Gautam, learned counsel, who has voluntarily appeared on behalf of the complainant/Opp.Party no.2.

The present petition has been filed, invoking inherent jurisdiction under Section 482 of the Criminal Procedure, with a prayer to quash an order dated 12.01.2016 passed by learned Judicial Magistrate, 1st Class, Begusarai in Complaint

Patna High Court Cr.Misc. No.20477 of 2016 (2) dt.01-08-2016 2/2 Case no.2515/15. By the said order, after conducting enquiry, the learned Magistrate has taken cognizance of offence under Sections 341, 323, 504/417 of the Indian Penal Code.

It was submitted by learned counsel for the petitioners that on perusal of the complaint petition, it is evident that the allegation appears to be not probable and on this very ground, a prayer has been made to quash the order of cognizance. After hearing learned counsel for the parties and perusing the impugned order, the Court is satisfied that there is no ground for interference with the same. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U