Vinod Bihari Dubey @ Vinod Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64949 of 2021 Arising Out of PS. Case No.-81 Year-2019 Thana- AANDAR District- Siwan ====================================================== VINOD BIHARI DUBEY @ VINOD KUMAR DUBEY Son of Late Jag Narayan Dubey Resident of Village - Mahmudpur, P.S.- Andar, Distt.- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ashutosh Ranjan Dubey Son of Bipin Bihari Dubey Resident of Village - Mahmudpur, P.S.- Andar, Distt.- Siwan.

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

For the Petitioner/s :

Mr. Binod Kumar Sinha For the State :

Mr. Satya Nand Shukla For the O.P. No.2 :

Mr. Ajay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-03-2025 Heard the parties.

2. The present application has been filed for quashing of the order dated 14.09.2021 passed by learned Addl. Chief Judicial Magistrate, 4th Siwan in Andar P.S. Case No. 81/2019 by which cognizance has been taken against the petitioner for the offence u/s 341/323/325/504/506/34 & 307 of the Indian Penal Code.

3. The contention of learned counsel for the petitioner is that no offence under section 307 is made out as charge-sheet was not submitted by the I.O. of the case u/s 307 of the IPC.

4. The learned Magistrate by the impugned order has taken cognizance. In a well reasoned order he has found

Patna High Court CR. MISC. No.64949 of 2021(3) dt.25-03-2025 2/2 materials for taking cognizance u/s 307 of the I.P.C.

5. In view thereof, this application is dismissed with liberty to the petitioner to raise all the grounds at the stage of framing of charge.

(Sandeep Kumar, J) Ranjeet/- U T