Patna High CourtCR. REV./89/2015dismissed

Ajay Kuamr @ Ajay Kumar Singh And ORS v. State Of Bihar And ANR

2017-03-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.89 of 2015 ======================================================

1. Ajay Kuamr @ Ajay Kumar Singh (wrongly described as Ajay Kumar Singh in the complaint Petition and certified copy of the implugned order), son of Sri Ram Naresh Mishra resident of at + P.O- Awarhi, P.S- Saharghat, District- Madhubani, presently posted as District Programme Officer, Vaishli at Hajipur.

2. Brahmdeo Prasad son of Late Vishnu Prasad resident of village Ram Nagar, P.S- Harsidhi, District - East Champaran, Presently posted as Junior Engineer, Rural Works Division , Simri Bakhtiyarpur, District - Saharsa.

3. Devanand Srivastava son of Sri Ramanand Srivastava resident of village Belsand, P.O- Madhopur, P.S- Barauli, District- Gopalganj, presently posted as Junior Engineer, Rural works Division, Patori, DistrictSamastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Birju Paswan son of Sri Ram Gulam Paswan resident of village Mohammadpur, Gokhul Kothi, P.S- Sakra, District- Muzaffarpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeet Kumar Singh For the Respondent/s : Mr. Aditya Nr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2017 Being aggrieved by an order, dated 04.04.2014, passed by learned Judicial Magistrate, 1st Class, Muzaffarpur, in Complaint Case No. 2452 of 2003 (Trial No. 1011 of 2014), whereby he has rejected a petition filed on behalf of the petitioners for their discharge in relation to Complaint Case No. 2452 of 2003, the petitioners have filed this criminal revision application.

On perusal of the impugned order, I find that

Patna High Court CR. REV. No.89 of 2015 (3) dt.03-03-2017 2/2 the learned Court below, taking into account the contents of the complaint petition and statement of the complainant on S.A., and two enquiry witnesses, has concluded that there are sufficient materials to proceed against the accused persons.

On the basis of what is alleged in the complaint petition and in the evidence of witnesses, it cannot be said that no case, at all, is made out for commission of offence punishable under the various sections of the Indian Penal Code.

This application is accordingly dismissed.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √