Patna High CourtCR. MISC./29039/2013dismissed

Bishundeo Singh @ Bishuni Singh v. State Of Bihar And ANR

2016-06-28Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29039 of 2013 Arising Out of PS.Case No. -4 Year- 2009 Thana -MAHNAR District- VAISHALI(HAJIPUR) ====================================================== Bishundeo Singh @ Bishuni Singh S/o Amichand Singh Resident Of Village- Paharpur, Bishunpur, P.S.- Mahnar, Distt.- Vaishali .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Sumitra Devi W/o Devendra Rajak Resident Of Village- Paharpur, P.S.- Mahnar, Distt.- Vaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Bhushan Verma For the Opposite Party/s : Mr. Jharkhandi Upadhyay (App) Shashi Bhusan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-06-2016 Heard Sri Chandra Bhushan Verma, learned counsel for the petitioner, Sri Jharkhandi Upadhyaya, learned A.P.P. as well as Sri Shashi Bhusan Kumar, learned counsel for the informant/ opposite party no. 2.

The petitioner, invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 5.10.2012 passed by learned Judicial Magistrate 1st Class, Vaishali at Hazipur. By the said order petition filed on behalf of the petitioner under section 239 of the Cr.P.C. for his discharge has been rejected. Learned counsel for the petitioner submits that F.I.R. was lodged maliciously and as a counter blast since prior to

Patna High Court Cr.Misc. No.29039 of 2013 (3) dt.28-06-2016 2/2 filing of the present case from the petitioner's side an F.I.R. was lodged and on this very ground he has made a prayer for quashing of the order of rejection of his discharge petition by the learned Magistrate.

Besides hearing learned counsel for the parties, I have also perused the material available on record. On going through the impugned order, I do not find any apparent error warranting interference.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T