Madhusudan Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15040 of 2014 Arising Out of PS.Case No. -305 Year- 2008 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Madhusudan Jha Son Of Late Kamlakant Jha resident of Mohalla-Sujapur, P.S. Nathnagar, District-Bhagalpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Dr. Sunil Kumar Singh Son Of Dr. Diwakar Prasad Singh resident of Mohalla-Golaghat, Aaga Saheb Lane, P.S. Tatarpur, District-Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 02-08-2016 Heard Mr. S.M. Ashraf, learned counsel for the petitioner , learned A.P.P. as well as Sri Madhav Rai, learned counsel , who has appeared on behalf of the complainant/ opposite party -2.

The petitioner , has invoked inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 21.1.2013 passed in Complaint Case No. 305 of 2008. By the said order after recording evidence before charge, the learned Magistrate has framed charge under section 406, 420, 468, 417/ 120B of the Indian Penal Code. The court is of the opinion that once charge is framed trial commences and after commencement of trial it would be

Patna High Court Cr.Misc. No.15040 of 2014 (3) dt.02-08-2016 2/2 advisable for this court to put self restrain from interfering with the trial.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T