Patna High CourtCR. MISC./20385/2012allowed

Vinod Kumar Singh v. The State Of Bihar And ANR.

2015-02-19Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 20385 of 2012 Arising out of P.S. Case No. -18 Year- 2008 Thana - Complaint District- BEGUSARAI ======================================================== Vinod Kumar Singh S/o Sri Akhileshwar Singh Resident of VillageKoraiya, P.S.- Garhpura, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Deonandan Singh @ Munna Singh S/o Sri Ramnandan Singh Resident of Village- Koraiya, P.S.- Garhpura, District- Begusarai. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy, Adv.

For the Opposite Party/s: Dr. Ravindra Kumar, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 19-02-2015 The Petitioner seeks quashing of the entire proceeding including the order of cognizance dated 07.12.2011 passed by the Judicial Magistrate, 1st Class, Begusarai in Complaint Case No. 3068(C) of 2010 arising out of Garhpura P.S. Case No. 18 of 2008.

The case of the Informant was that on the relevant date the accused persons started to demand rangdari, abused and assaulted him. They also committed theft of his personal property.

It has been submitted on behalf of the Petitioner that after due investigation final report was submitted in the matter but on the protest this Complaint case was instituted. The further submission is that earlier to the present Complaint

Patna High Court Cr.Misc. No.20385 of 2012 dt.19-02-2015 accused Rama Sakha Singh had filed a case against the Complainant and his family members on account of which the present Complaint has been filed.

Considering the aforesaid submission, the application is allowed and the entire proceeding including the order of cognizance dated 07.12.2011 passed by the Judicial Magistrate, 1st Class, Begusarai in Complaint Case No. 3068(C) of 2010 arising out of Garhpura P.S. Case No. 18 of 2008 is, hereby, set aside.

The Application stands allowed.

(Anjana Prakash, J) Vikash/- U T