Patna High CourtCR. MISC./42625/2012dismissed

Yogendra Pandey v. The State Of Bihar Through Home Secretary, Government Of Bihar, And ORS.

2015-05-07The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42625 of 2012 ====================================================== Yogendra Pandey, S/O Late Hazari Pandey, resident of Village- Katauna, P.S.- Barhat, Dist.- Jamui, presently residing at Pandeydih, Tola Baghwa, P.S.- Chakai, Dist.- Jamui .... .... Petitioner

Versus

1. The State of Bihar through Home Secretary, Government of Bihar, Patna

2. Home Secretary, Government of Bihar, Patna

3. Director General of Police, Government of Bihar, Patna

4. Superintendent of Police, Jamui

5. Officer In Charge of Chakai Police Station, Jamui .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Prabhat Ranjan Singh, Advocate For the Opposite Parties : Mr. S.D.Singh Yadav (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 07-05-2015 This application is filed by the petitioner to avoid his arrest in a serious offence of committing murder. Chakai P.S. Case No.15 of 2010 was registered alleging offence under Section 302/34 I.P.C. against the petitioner and others. After the charge sheet was filed, the Chief Judicial Magistrate, Jamui passed the order dated 7.5.2011 taking cognizance against three persons, including the petitioner. This petition is filed with a prayer to quash the order dated 7.5.2011.

Heard learned counsel for the petitioner and the learned counsel for the opposite parties.

The allegation against the petitioner and other accused is serious in nature. The only basis for the petitioner to seek

Patna High Court Cr.Misc. No.42625 of 2012 (2) dt.07-05-2015 2/2 quashing of the order is that he himself was informant in the case. That hardly makes any difference. If the petitioner has committed the crime, the mere fact that he is informant, that cannot be a ground to quash the order taking cognizance.

The petition is dismissed.

(L. Narasimha Reddy,CJ) PNM U T