Satish Singh @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20767 of 2015 Arising Out of PS.Case No. -113 Year- 2012 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ===========================================================
1. Satish Singh @ Mukesh Kumar Son of Sri Dharam Raj Singh resident of Dekhpura, P.S. Rahui, District- Nalanda ta Biharsharif. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Zainul Abedin, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 26-06-2015 Heard learned counsel for the petitioner and learned counsel for the State.
By this application filed under section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of the order dated 04.10.2012 passed by the learned Judicial Magistrate 1st Class, Nalanda at Biharsharif in Rahui P.S.Case No.113 of 2012, by which the learned Magistrate has taken cognizance of the offences punishable under sections 341, 323 and 504 read with 34 of the Indian Penal Code against the petitioner.
It would appear from the FIR that there is specific allegation against the petitioner to have abused and assaulted the informant and his mother. The police investigated the case and found
Patna High Court Cr.Misc. No.20767 of 2015 dt.26-06-2015 2/2 the allegations made in the FIR to be true. Accordingly the petitioner along with others was sent up for trial. On perusal of the allegations made in the FIR and the materials collected in course of investigation, the learned Judicial Magistrate 1st Class, Nalanda at Biharsharif has taken cognizance of the offences on the grounds mentioned hereinabove.
Regard being had to the facts and circumstances of the case, I find no illegality in the impugned order dated 04.10.2012 passed by the learned Judicial Magistrate 1st Class, Nalanda at Biharsharif in Rahui P.S.Case No.113 of 2012. Accordingly, the application is dismissed.
(Ashwani Kumar Singh, J) Pradeep/- U T