Khawaja Garib Nawaj v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2532 of 2016 Arising Out of PS.Case No. -704 Year- 2015 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Khawaja Garib Nawaj son of Late Khwaja Gulam Mohammad, Resident of village- Achepur, P.O. Kanharia, P.S. Baisi, District- Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Hasib Son of Late Safiruddin, resident of village- Sahjana Achchepur, P.S.- Kadwa, District- Katihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Helal Ahmad, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2016 The present application has been filed for quashing of the First Information Report in connection with C.A. No. 704 of 2015 in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 504, 147, 379 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that in the background of serious land dispute, on the basis of malicious accusation the processes has been issued.

In view of this Court, at the stage of taking cognizance the Magistrate to see prima facie case hence, this Court is not inclined to interfere at this stage. The application is disposed of

Patna High Court Cr.Misc. No.2532 of 2016 (2) dt.01-07-2016 with liberty to the petitioner to raise all the contentions after submission of Final Report under Section 173 (2) Cr.P.C. (Dinesh Kumar Singh, J) P.K./- U T