Hare Ram Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1549 of 2022 Arising Out of PS. Case No.-123 Year-2017 Thana- MANER District- Patna ====================================================== Hare Ram Rai S/O- Sri Ram Jivan Rai R/V- Haldi Chapra, Shat Aanna, P.S. - Maner, Distt.- Patna .

... ... Petitioner

Versus

1.

The State Of Bihar 2.

Kapilesh Rai S/O- Late Daiv Rai R/V- Haldi Chapra, P.S. - Maner, Distt.- Patna .

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-02-2024 Heard learned counsel for the parties.

2. Present application has been filed for quashing of the order dated 03.11.2017 passed by the Judicial Magistrate 1st class, Danapur by which the cognizance was taken against the petitioner and others for the offence under Sections 302, 34 I.P.C. in connection with Maner P.S.Case No.- 123 of 2017 pending before the court of the Learned A.C.J.M.-VI, Danapur.

3. The petitioner wants decision on the order taking cognizance by considering all the materials on affidavit in his defence which is not permissible in law.

4. Considering the law laid down by the Hon'ble Supreme Court in the case of State of Bihar vs P.P. Sharma 1992 Supp (1)

Patna High Court CR. MISC. No.1549 of 2022(2) dt.15-02-2024 2/2 SCC 222, this quashing application is dismissed. (Prabhat Kumar Singh, J) Shashi U T