Patna High CourtCR. REV./945/2014dismissed

Tapan Kumar Roy v. The State Of Bihar And ORS

2017-02-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.945 of 2014 ===========================================================

1. Tapan Kumar Roy Son of Sahendra Prasad Roy Resident of Village - Padampur Hat, Police Stsation - Dighalbank, Dist.-Kishanganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Azimuddin Son of Late Mahmuddin

3. Dinesh Goswami Son of Sitaram Goswami

4. Kanu Chakraberty Son fo Dulal Chakraberty

5. Sima Devi Wife of Kanu Chakraberty

6. Uma Devi Wife of Dalal Chakraberty All resident of Padampur Hat

7. Junaid Alam Son of Samsuddin Resident of Sukhani Dighi

8. Dhosa Son of not known Resident of Kachahri Basti

9. Harimohan Goswami Son of Sitaram Goswami

10. Yogendra Sah Son of Uchit Lal

11. Bhogendra Son of Uchit Lal

12. Fulo Devi Wife of Yogendra Sah

13. Bachcho Devi Wife fo Bhogendra Sah All resident of Padampur Haqt, Police Station - Dighalbank, Dist.-Kishanganj .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 13-02-2017 No one appears on behalf of the petitioner.

The petitioner is aggrieved by order dated 26.08.2014 passed by learned Judicial Magistrate, 1st Class, Kishanganj in Complaint Case No. C609/13, whereby, he has taken cognizance of the offences punishable under Sections 147, 323, 324 and 504 of the Indian Penal Code. It is the grievance of the petitioner that the learned court below ought to have taken cognizance of the offences

Patna High Court CR. REV. No.945 of 2014 dt.13-02-2017 2/2 punishable under Sections 341, 354, 307, 436 read with Section 34 of the Indian Penal Code and Section 3-(i)(x) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989 also in view of the allegations made in the complaint petition and other materials on record. Perused the complaint petition and other materials which have been brought on record, along with the present criminal revision application.

From the said materials, I am of the view that the court below has rightly refused to take cognizance of the offence punishable under Sections 341, 354, 307, 436 read with Section 34 of the Indian Penal Code and Section 3(i)(x) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989.

No prima facie case can be said to be made out under the said provisions on the basis of what has been alleged in the complaint case. This criminal revision application lacks bonafide and deserves to be dismissed.

It is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 20.02.2017 Transmission Date N.A.