Umesh Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51242 of 2013 Arising Out of PS.Case No. -217 Year- 2013 Thana -BIRAUL District- DARBHANGA =========================================================== Umesh Poddar S/o Deo Kant Poddar Resident of Village - Rohar, P.S. Biraul, District - Darbhanga .... .... Petitioner

Versus

1. The State of Bihar

2. Rajni Kant Rai alias Munna, Son of Late Ram Nawaj Rai, Resident of Village Mahba, P.S. Biroal, District Darbhanga.

.... .... Opposite Parties =========================================================== Appearance :

For the Petitioner :

Mr. Raj Bansh Dubey, Advocate For the State :

Mr. Yogendra Kumar Singh, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 18-09-2017 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant.

2. This application under Section 482 Cr.P.C. is directed against the order dated 10.09.2013, passed in Biraul P.S. Case No.217 of 2013 whereunder the learned S.D.J.M., Biraul has taken cognizance of the offence under Sections 406/420 of the Indian Penal Code on perusal of the charge-sheet and the materials available in the case diary against the accused-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 the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.51242 of 2013 dt.18-09-2017 2 /2

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.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.09.2017 Transmission Date 22.09.2017