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Patna High CourtCR. MISC./16316/2016dismissed

Ram Padarath Yadav v. The State Of Bihar And ORS

2023-09-13Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16316 of 2016 Arising Out of PS. Case No.-795 Year-2011 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Ram Padarath Yadav son of Late Ram Chandra Yadav, resident of villageBhavanandpur, P.S.- Birpur, District- Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Amit Bhaskar, Circle Officer, Birpur Block P.S.- Birpur 3.

Vivekanand Sadar Sub Divisional Dy. S.P., Begusarai 4.

Akhil Kumar Singh, Officer-in-Charge, Birpur P.S., District- Begusarai 5.

Surendra singh, son of Ram Babu Singh 6.

Lalan Singh son of Arun Singh 7.

Ram Padarath Singh son of Kuldip Singh 8.

Arun Kumar Singh son of Devnadan Singh 9.

Sanjay Kumar Singh son of Bibhishan Singh 10.

Geeta Singh D/o Maheshwar Singh 11.

Arjun Singh son of Maheshwar Singh 12.

Ashok Singh son of Ram Babu Singh 13.

Sanjay Singh son of Ashok Singh 14.

Nunu Singh son of Fulo Singh 15.

Arbind Singh 16.

Anil Singh Both are sons of Nunu Singh 17.

Raja Ram Singh S/o Babhikshan Singh All resident of village- Panapur, P.S.- Birpur, Sub-Division District- Begusarai and 15-20 unknown ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suraj Narain Yadav For the Opposite Party/s :

Mr.Sc18-N.H.Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-09-2023 Heard the parties.

2. This application has been filed for direction to the learned Chief Judicial Magistrate, Begusarai to pass an order in

Patna High Court CR. MISC. No.16316 of 2016(3) dt.13-09-2023 2/2 accordance with law as to whether a prima facie case is made out or not to proceed with the Complaint Case No. 795 (C) of 2011.

3. As per prosecution, petitioner filed a Complaint Case in the court of Chief Judicial Magistrate, Begusarai on 07.05.2011 against the opposite parties no. 1 to 17 for the offence under Sections 147, 148, 149, 341, 323, 379, 302, 427, 436, 201, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. The aforesaid complaint case was filed for murder of the petitioner's brother Bhula Yadav who was shot at by the accused persons and his body was not found.

4. The prayer made in this application cannot be entertained in this jurisdiction,

5. Accordingly, this application is dismissed. (Sandeep Kumar, J) Ranjeet/- U T