Nand Kishor Upadhayaya @ Sukhari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33711 of 2012 Arising Out of PS.Case No. -122 Year- 2003 Thana -null District- EASTCHAMPARAN (MOTIHARI) ===========================================================

1. Nand Kishor Upadhayaya @ Sukhari, S/O Kameshwar Upadhaya, resident of village- Sripur, P.S.- Chhauradano, District- East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shashi Bhushan Kumar Prasad, S/O Sri Bishwa Nath Prasad, resident of village- Sripur, P.S.- Chhauradano, District- East Champaran .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arjun Prasad No.1, Advocate For the Opposite Party/s : Mr. Sandeep Kumar, Advocate APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 13-04-2015 The Petitioner seeks quashing of the order dated 08.02.2012 by which the Judicial Magistrate, 1st class, Sadar, Motihari, East Champaran, has refused to discharge the Petitioner in Tr. No.3259 of 2010/Tr. No.2618 of 2012 arising out of Motihari Town P.S. Case No.122 of 2003.

It has been submitted on behalf of the Petitioner that the allegation of kidnapping is absurd since they were co-villagers and also subsequently the Informant himself is facing prosecution for the arms said to have been recovered from the house of the accused persons.

Since these are the question of facts which cannot be decided at the stage of 482 Cr. P.C., I am not inclined to interfere in

Patna High Court Cr.Misc. No.33711 of 2012 dt.13-04-2015 2/2 the matter.

The application is dismissed.

The Trial Court is directed to conclude the trial expeditiously without granting unnecessary adjournment to any party. (Anjana Prakash, J) JA/- U T