Nishant Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.51195 of 2013 dt.22-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51195 of 2013 Arising Out of PS.Case No. -133 Year- 2012 Thana -AIRPORT District- PATNA =========================================================== Nishant Kumar, Son of Shri Bhagwan Gupta, Resident of Rajendra Nagar Road No.4, Police Station - Kadam Kuan, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rajan Kumar, Intelligence Officer, Revenue Vigilance Directorate, Patna .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 22-06-2017 Heard learned counsel for the petitioner and the learned counsel for the State.

2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 01.04.2013 passed in Havai Adda P.S. Case No. 133 of 2012, whereby the learned Chief Judicial Magistrate, Patna, took cognizance for the offence under Sections 353, 356 and 386/34 of the Indian Penal Code and Sections 7, 11, 46 and 47 of the Customs Act read with Section 3(20 of Foreign Trade (D and R) Act against the petitioner.

3. On going through the impugned order, I find no illegality in the impugned order amounting to abuse of the process of the court for interference in inherent jurisdiction under Section 482 of

Patna High Court Cr.Misc. No.51195 of 2013 dt.22-06-2017 the Code of Criminal Procedure.

4. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise his defence/points in trial court at the appropriate stage.

(Rajendra Kumar Mishra, J) Bhardwaj/- AFR/NAFR CAV DATE Uploading Date Transmission Date