Baby Rani v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20668 of 2013 Arising Out of PS.Case No. -29 Year- 2010 Thana -SAKSOHRA District- PATNA ====================================================== Baby Rani Wife Of Viveka Yadav Resident Of Village Jalalpur, Police Station Belchhi, District Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Lal Devi Wife Of Dular Manjhi Resident Of Village Bhawanchak, Police Station Saksohra, District Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Pramod Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-05-2016 Heard Sri Premchandra Yadav, learned counsel for the petitioner , learned A.P.P. as well as Sri Sabal Kumar Jha, learned counsel, who has appeared on behalf of the informant . The present petition has been filed by the sole petitioner under section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 8.6.2011 passed by the learned Additional Chief Judicial Magistrate, Barh. By the said order the learned Magistrate has taken cognizance of the offence against the charge sheeted accused persons including the petitioner who was shown innocent in the charge sheet. Learned counsel for the petitioner by way of referring to Annexure - 3 to the present petition submits that even the

Patna High Court Cr.Misc. No.20668 of 2013 (5) dt.17-05-2016 2/2 informant had filed a petition before the court below to show that falsely case was got instituted against the petitioner and other accused persons.

Fact remains that police after investigation has submitted charge sheet against three accused persons, of- course petitioner was not sent up for trial, but the learned Magistrate after perusal of the case diary and F.I.R. has passed order and taken cognizance of offence and proceeded against all the accused persons including the petitioner.

Sri Sabal Kumar Jha, learned counsel for the informant submits that in the F.I.R. also there are materials to show involvement of the petitioner.

On going through the order impugned I do not find any ground for interference.

The petition stands dismissed In view of dismissal of this petition interim order of stay dated 3.3.2016 stands vacated.

(Rakesh Kumar, J) Praful/- U T