Mohammad Asif Hussain v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50409 of 2012 Arising Out of PS.Case No. -281 Year-2009 Thana -Barbigaha District- Sheikhpura =========================================================== Mohammad Asif Hussain S/O Late Md. Ashique Hussain R/O Faizabad, P.S.- Barbigha, Distt-Sheikhpura .... .... Petitioner
Versus
1. The State Of Bihar
2. Mohammad Samad Hussain S/O Late Md. Ahmad Hussain .... .... Opposite Parties.
=========================================================== Appearance :
For the Petitioner/s : Mr. Chaubey Jawahar, Advocate Mr. Shafiur Rahman, Advocate For the State : Mr. Jharkhadi Upadhyay, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 30-11-2017 The prayer of the petitioner in para-1 of the application filed under Section 482 of the Code of Criminal Procedure reads as under :- "(1) That this criminal application is being filed by the petitioner for quashing the cognizance order dated 24.02.2012 passed by the learned Chief Judicial Magistrate, Sheikhpura by which the cognizance has been taken against the accused persons only in Sections 467, 468 and 471/34 of the Indian Penal Code."
2.
The prayer of the petitioner further reads as under :- " It is, therefore, prayed that your Lordships may
Patna High Court Cr.Misc. No.50409 of 2012 dt.30-11-2017 2/2 graciously be pleased to allow this application and quashed the order dated 24.02.2012 passed by the learned Chief Judicial Magistrate, Sheikhpura."
3.
It is submitted by the learned counsel for the petitioner that this application for quashing the impugned order taking cognizance dated 24.02.2012 which has been filed in connection with Barbigaha P. S. Case No. 281 of 2009 has become infructuous in view of the order dated 30.11.2017 passed by this Court in Cr. Misc. No. 15937 of 2012.
5.
In view of the above submissions, this application is dismissed as infructuous.
(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date05.12.2017 Transmission Date 05.12.2017