Sushil Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.258 of 2015 Arising Out of PS.Case No. -71 Year- 2011 Thana -COMPLAINT CASE District- SHEOHAR =========================================================== Sushil Kumar Singh, son of late Iswar Nath Singh, Resident of village - Mahuaria, Police Station - Sheohar, District - Sheohar. .... .... Petitioner
Versus
1. The State of Bihar.
2. Shanti Devi, Wife of Late Pawan Chaudhary, resident of village - Mohari Tole Maulaganj, P.S. -Tariyai, District - Sheohar. .... .... Opposite Parties =========================================================== Appearance :
For the Petitioner/s : Mr. Amod Kumar Singh, Advocate For the Opposite Party/s : Mr. E. Ehteshamuddin, APP. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 17-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.
By filing this application under Section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of the order dated 09.04.2014 passed by the learned Judicial Magistrate-1st class, Sheohar in Complaint Case No. C1-71/11 corresponding to Tr. No. 490 of 2014 whereby the learned Magistrate has discharged the accused persons in exercise of power conferred under Section 245 of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.258 of 2015 dt.17-08-2015 2 / 2 It would be evident from the impugned order dated 09.04.2014 that after summoning of the accused persons, no witness turned up to adduce evidence before charge on behalf of the complainant. Though, the trial court adjourned the matter to different dates for over one year, the complainant failed to examine any witness before the Magistrate concerned.
In that view of the matter, the learned Magistrate was left with no option but to discharge the accused in exercise of power conferred under Section 245 of the Code of Criminal Procedure.
Regard being had to the facts and circumstances of the case, I find no infirmity in the impugned order. Accordingly, the application, being devoid of any merit, is hereby dismissed. (Ashwani Kumar Singh, J.) Sanjeet/- U T