Vijay Kumar Vidyarthi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28096 of 2012 ====================================================== Vijay Kumar Vidyarthi son of Raj Narayan Tiwary, resident of villageAmnour Harnarayan, P.S. Amnour, District-Saran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Tiwary For the Opposite Party/s : Mr. Akbar Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-02-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application seeking quashing of the order dated 26.12.2011 passed in Amnour Police Station Case No. 83 of 2011 by learned Chief Judicial Magistrate, Saran whereby he has taken cognizance under Sections 467, 468, 471, 353 and 420 of the Indian Penal Code.

In my opinion, in the facts and circumstances of the present case, the order of the Chief Judicial Magistrate, Saran, does not require interference. The petitioner shall be at liberty to raise plea as has been raised in the present writ application by filing appropriate petition at the stage of framing of the charge.

This application is dismissed with the observation as above. (Chakradhari Sharan Singh, J.) Saif/- U T