Aftab Imam @ Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24235 of 2016 Arising Out of PS.Case No. -15 Year- 2011 Thana -KORANSARAI District- BUXAR ====================================================== Aftab Imam @ Aftab Alam S/o Majhar Imam Resident of Village- Belahari, P.S.- Murar, Distt- Buxar.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Khurshid Alam For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-07-2016 The present application has been filed for quashing the order dated 14.03.2013 passed in Koran Sarai P.S. Case No. 15 of 2011 by learned Chief Judicial Magistrate, Buxar whereby processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 406, 409, 420, 468 and 471 of the Indian Penal Code. At the time of taking cognizance the learned Magistrate has to see that accusation, prima facie, constitutes offence. Hence, this Court is not inclined to interfere. It is very fairly submitted by learned counsel for the petitioner that the petitioner has preferred discharge application.

It is expected from the learned trial court to

Patna High Court Cr.Misc. No.24235 of 2016 (2) dt.01-07-2016 2/2 consider all the contentions of the petitioner including the question of sanction while disposing of the discharge application. Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T