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Patna High CourtCR. MISC./14879/2014dismissed

Praveen Mandal And ORS v. The State Of Bihar

2018-05-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14879 of 2014 Arising Out of PS.Case No. -38 Year- 2009 Thana -INDUSTRIAL District- BHAGALPUR ======================================================

1. Praveen Mandal, son of Jai Prakash Mandal

2. Bashistha Mandal, son of Hari Mandal

3. Vijay Mandal, son of Kare Mandal

4. Jai Prakash Mandal, son of Mohan Mandal

5. Nawal Mandal, son of Gobardhan Mandal

6. Ramehwar Rai, son of Gajadhar Rai, all resident of village - Nav Tolia Chauk, P.S.- Industrial Area District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Poonam Devi, w/o Sri Krishna Chaurasia, resident of village - Nav Tolia Chauk, P.S.- Industrial Area District - Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subodh Prasad, Advocate For the Opposite Party/s : Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 8/ 11-05-2018 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 09.11.2009 passed by the Chief Judicial Magistrate, Bhagalpur, in Industrial Area P.S. Case No.38 of 2009 by which learned Magistrate has taken cognizance against the petitioners for the offence under Section(s) 147, 341, 380, 448, 504, 506 Indian Penal Code.

Status report of the case was called for from the Court below, which has been received. From the Status Report, it appears that prosecution evidence has already been closed and

Patna High Court Cr.Misc. No.14879 of 2014 (8) dt.11-05-2018 2/2 statement of the accused under Section 313 Cr.P.C. has also been recorded.

Therefore, this Court does not think it proper to interfere with the impugned order at this stage. The application is dismissed.

(Sanjay Priya, J) JA/- U T