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Patna High CourtCR. MISC./44328/2011allowed

Ramashray Prasad v. The State Of Bihar And ANR

2015-05-04Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44328 of 2011 Arising Out of PS.Case No. -0 Year- null Thana -null District- BHOJPUR =========================================================== Ramashray Prasad son of Late Girakhan Ram Makhia Tola,P.S-Behea,DistrictBhojpur. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Surendra Prasad Late Deo Narain Paswan Chamela,Ps-Sikraul(Lakh) DistrictBuxar. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 04-05-2015 The petitioner seeks quashing of the order of cognizance dated 04.02.2010 passed by the Judicial Magistrate, Arrah in Complaint Case No. 1556 C of 2009.

The case of the complaint is that he was cheated by the accused no. 1 for certain amount of money for giving employment to his son and niece.

Where the allegation against the petitioner and co-accused Govind Mahton is concerned, it is only to the extent that they also assured that the work would be done and there is no allegation that they accepted any money.

In view of such, the order of cognizance dated 04.02.2010

Patna High Court Cr.Misc. No.44328 of 2011 dt.04-05-2015 2/2 passed by the Judicial Magistrate, Arrah in Complaint Case No. 1556 C of 2009 so far as the petitioner and Govind Mahton is concerned, is hereby set aside. The application is allowed (Anjana Prakash, J) Prakash/- U T