Patna High CourtCR. MISC./49758/2012dismissed

Nand Yadav And ANR. v. State Of Bihar And ANR

2018-05-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49758 of 2012 Arising Out of PS.Case No. -94 Year- 2011 Thana -null District- WESTCHAMPARAN(BETTIAH) ===========================================================

1. Nand Yadav, son of Vimal Yadav, &

2. Sikandar Yadav, son of Nad Yadav, both residnet of village-Barwa Kharsal, P.S.-Dhanha, District-West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar &

2. Arbind Kumar Singh, son of Brij Bhushan Singh, resident of village-Semra Hardo, P.S.-Kuber Asthan, District-Kushi Nagar (UP), at present Barwa Nawka Tola P.S.-Dhanha, District- West Champaran.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Singh No.1, Advocate For the Opposite Party/s : Mrs. Anuradha Singh, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 17-05-2018 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 29.02.2012 passed by the Additional Chief Judicial Magistrate, Bagaha, in Tr. No.5775 of 2012 arising out of Dhanha P.S. Case No.94 of 2011 by which the learned Magistrate has taken cognizance against the petitioners for the offence under Section(s) 341, 323, 379, 504/34 Indian Penal Code.

Heard counsel for the petitioners and the State. From perusal of the impugned order, it appears that learned Magistrate after going through the written report as well as

Patna High Court Cr.Misc. No.49758 of 2012 dt.17-05-2018 2/2 materials available in the case diary has taken cognizance against the petitioner as aforesaid.

This Court does not find any illegality in the order impugned.

In view of such, the application is dismissed. Stay granted by order dated 12.09.2014 is hereby vacated.

The Court below is directed to proceed with the case in accordance with law.

(Sanjay Priya, J) J.Alam/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23-05-2018 Transmission Date 23-05-2018