Mohan Kumar Das @ Mohan Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4572 of 2009 Arising Out of PS.Case No. -0 Year- null Thana -null District- SAHARSA =========================================================== Mohan Kumar Das @ Mohan Das, son of Tilo Das, resident of Mohalla-Gangjala, Ward No.8/17, P.S.-Saharsa, District- Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar &

2. Shanti Devi, wife of late Bijendra Das, resident of Mohalla-Gangjala, Ward No.9, P.S. & District- Saharsa.

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

For the Petitioner/s : Ms. Reebha Kumari, Advocate For the Opposite Party/s : APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 10-07-2015 The Petitioner seeks quashing of the order of cognizance dated 28.05.2008 passed by the Sub-Divisional Judicial Magistrate, Saharsa, in Complaint Case No.287-C of 2006. Pleading of the Petitioner is that initially a police case was instituted in this case which on investigation was found false and police recommended action against the Informant under Section(s) 182/211 Indian Penal Code. It found that the case has been instituted for reasons of land dispute.

However, the Complainant filed a Protest Petition whereafter the case proceeded.

Since the Petitioner seeks quashing on disputed question of facts which cannot be gone into at the stage of 482 Cr. P. C., I am

Patna High Court Cr.Misc. No.4572 of 2009 dt.10-07-2015 2/2 not inclined to interfere in the matter.

The application is dismissed.

The Trial Court is directed to proceed in the matter expeditiously without granting unnecessary adjournment to any party in view of direction of the Apex Court. (Anjana Prakash, J) JA/- U T