Patna High CourtCR. MISC./50691/2012dismissed

Upanesh Kumar v. The State Of Bihar

2016-05-02Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50691 of 2012 Arising Out of PS.Case No. -null Year- null Thana -null District- - ===========================================================

1. Upanesh Kumar, S/O Sh. Chandeshwar Chaudhary, resident of villageChhahan Uttar Tola, Post- Chhajan Harishankar, Police Station- Kudhani, District- Muzaffarpur, at presently residing at Mohalla- Gannipur, Police Station- Kazi Mohamadpur, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Umesh Prasad Raman, Sub Inspector, Kazi Mohammadpur Police Station, District- Muzaffarpur, &

3. Satyendra Kumar, Constable, Kazi Mohammadpur Police Station, DistrictMuzaffarpur. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Kalyan Shankar, Advocate For the Opposite Party/s : Mr. R. B. S. Pahepuri, APP Mr. Awadhesh Kumar Mishra, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 02-05-2016 The Petitioner seeks quashing of the order dated 11.08.2011 by which the Judicial Magistrate, 1st class, Muzaffarpur, in Complaint Case No.3549 of 2010, has refused to take cognizance for want of sanction.

The case of the Complainant is that the Complainant and his cousin brother were assaulted by the Police Officers and they had snatched their money and a chain.

A Counter Affidavit has been filed on behalf of the Opposite Party Nos.2 and 3 annexing some documents to show that,

Patna High Court Cr.Misc. No.50691 of 2012 dt.02-05-2016 2/2 in fact, cousin brother of the Complainant, who was accompanying him, had sustained injury while fleeing away when his vehicle was stopped to show papers by the Inspecting Team. Considering that evidently the present Complaint appears to have been filed for ulterior reason, the application is dismissed.

(Anjana Prakash, J) JA/- AFR/NAFR CAV DATE N/A Uploading Date 05.05.2016 Transmission Date 05.05.2016