Umesh Lal Das v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.21652 of 2014 dt.31-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21652 of 2014 Arising Out of PS.Case No. -232 Year- 2012 Thana -CHHATAPUR District- SUPAUL =========================================================== Umesh Lal Das, son of late Kusheshwar Lal Das, Resident of Village - Chhatapur, P.S. Chhatapur, Distt. - Supaul .... .... Petitioner/s
Versus
1. The State of Bihar
2. Shankar Jha, son of late Bhagwat Jha, Resident of village - Bahadurganj, District - Kishanganj, At Present Circle Officer, Chhatapur, P.S. Chhatapur, District - Sapaul .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 31-07-2017 Heard learned counsel for the petitioner and learned counsel for the Opposite Parties.
2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 13.02.2014 passed in Chhatapur P.S. Case No. 232 of 2012/G.R. No. 1853 of 2012, whereby the learned Chief Judicial Magistrate, Supaul, took the cognizance for the offence under Sections 467, 468, 471 and 420/34 of the Indian Penal Code against the two accused named in the F.I.R. including the petitioner, on perusal of the materials available in the case diary, differing with the final form submitted by the Investigating Officer in respect to the accused- petitioner due to lake of evidence.
Patna High Court Cr.Misc. No.21652 of 2014 dt.31-07-2017
3. On going through the impugned order, I find no illegality in the impugned order amounting to abuse of the process of the court for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise his defence/points in trial court at the appropriate stage. (Rajendra Kumar Mishra, J) Bhardwaj/- AFR/NAFR CAV DATE Uploading Date 03.08.2017 Transmission Date 03.08.2017