Patna High CourtCR. MISC./13888/2013dismissed

Mundrika Singh And ORS v. The State Of Bihar

2017-02-07Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13888 of 2013 Arising Out of PS.Case No. -103 Year- 2011 Thana -NOONSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Mundrika Singh S/O Late Banke Singh Resident Of Village- Nari, P.S.- Noorsarai, District- Nalanda

2. Ranjeet Kumar S/O Mundrika Singh Resident Of Village- Nari, P.S.- Noorsarai, District- Nalanda

3. Indrajeet Kumar S/O Mundrika Singh Resident Of Village- Nari, P.S.- Noorsarai, District- Nalanda

4. Pankaj Kumar S/O Rajendra Singh Resident Of Village- Nari, P.S.- Noorsarai, District- Nalanda

5. Uday Singh S/O Rajendra Singh Resident Of Village- Nari, P.S.- Noorsarai, District- Nalanda .... .... Petitioners

Versus

1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Anuj Kr.Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-02-2017 This application has been filed under section 482 of the Cr.P.C. against the order dated 13.01.2012 passed in Noorsarai P.S. Case No. 103 of 2011, whereby the learned Chief Judicial Magistrate, Nalanda took the cognizance of the offence under Sections 341, 323, 448, 504 of the Indian Penal Code and Section 27 of the Arms Act against the accused petitioners differing with the final form submitted by the police.

Learned counsel for the petitioners submits that while Noorsarai P.S. Case No. 103 of 2011 was instituted against the

Patna High Court Cr.Misc. No.13888 of 2013 (3) dt.07-02-2017 2/3 petitioners but on investigation, the police submitted final form, after finding the accusation to be incorrect against the petitioners but the learned Chief Judicial Magistrate, Nalanda took the cognizance of the offence under Sections 341, 323, 448, 504 of the Indian Penal Code and Section 27 of the Arms Act against the petitioners, differing with the final form submitted by the police, without giving reason to differ with the opinion of Investigating Officer.

The fact leading to this application is that on the basis of Complaint petition filed on behalf of the complainant, Noorsarai P.S. Case No. 103 of 2011 was instituted under Sections 341, 323, 448, 504 of the Indian Penal Code and Section 27 of the Arms Act against the petitioners. The police after investigation submitted final form showing the accusation against the petitioners to be incorrect. The learned Chief Judicial Magistrate, Nalanda on perusal of the material available in the case diary arrived at finding that prima facie case is made out under Sections 341, 323, 448, 504 of the Indian Penal Code and Section 27 of the Arms Act against the accused petitioners. The cognizance taking Magistrate can differ with the opinion of Investigating Officer submitting final form on perusal of material available in the case diary.

Patna High Court Cr.Misc. No.13888 of 2013 (3) dt.07-02-2017 3/3 As such, I find no merit in the present application. Accordingly, this application is dismissed in connection with Noorsarai P.S. Case No. 103 of 2011, pending in the court of learned Chief Judicial Magistrate, Nalanda.

(Rajendra Kumar Mishra, J) Amit/- U T