Dr. Radheyshyam Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18771 of 2015 Arising Out of PS.Case No. -28 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Dr. Radheyshyam Sharma, son of Late Kamla Prasad Sharma, resident of Village: Okari, P.O.: Jaintipur Kurua, P.S: Ghoshi, in the district of Jahanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Malti Devi, wife of Ramanand Choudhary, resident of Kusumtola, P.S: Nokha, in the district of Rohtas.

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

For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-05-2015 The petitioner is aggrieved by the summoning order dated 08.09.2014 passed by the learned Judicial Magistrate Ist Class, Civil Court, Sasaram in complaint Case No. 28 of 2014. The aforementioned summoning order has been passed after looking into the statement of the complaint recorded on oath as well as the statement of two enquiry witnesses namely Ramchand Chaudhary and Rajeshwar Chaudhary. Neither the statement of the complainant nor the statement of enquiring witnesses has been brought on record.

2. In that view of the matter, I find myself unable to decide the case on merit. Accordingly, the application is

Patna High Court Cr.Misc. No.18771 of 2015 (2) dt.01-05-2015 2/2 disposed of with liberty to the petitioner to file another application in the same subject after bringing on record all the relevant documents.

(Ashwani Kumar Singh, J) M.Rahman/- U T