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Patna High CourtCR. MISC./18085/2015disposed

Vijay Kumar Jaiswal @ Vijay Jaiswal v. State Of Bihar And ANR

2015-06-23Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18085 of 2015 Arising Out of PS.Case No. -1797 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Vijay Kumar Jaiswal @ Vijay Jaiswal, Son of Uday Chand Jaiswal, Resident of Sadar Road, P.S.- Forbesganj, District- Araria. .... .... Petitioner

Versus

1. The State of Bihar.

2. Naresh Kumar Mehta, Son of Gurudev Mehta, Resident of Village- Dak Haripur, P.S.-Forbesganj, District-Araria, presently at Sadar Road, Forbesganj, District- Araria.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the State : Mr. Ganesh Prasad Singh, APP For the O. P. No. 2 : Mr. Mukesh Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 23-06-2015 In the present application filed under Section 482 of the Code of Criminal Procedure, the petitioner has challenged the order dated 09.02.2015 passed by the learned Judicial Magistrate, 1st Class, Araria in Complaint Case No. 1797 (C) of 2013 whereby the petitioner has been summoned to face trial. The impugned order has been passed after taking into consideration the statement of the complainant on oath as well as the statements of witnesses recorded in course of inquiry.

Patna High Court Cr.Misc. No.18085 of 2015 (3) dt.23-06-2015 2 / 2 Neither the statement of the complainant nor the statement of witnesses examined in course of inquiry has been annexed with the present application.

In that view of the matter, I find it difficult to decide the case on merits. Accordingly, the application is disposed of with liberty to the petitioner to file another application in the same subject matter after bringing on record all the relevant documents.

(Ashwani Kumar Singh, J.) Sanjeet/- U T