Patna High CourtCR. MISC./22136/2013dismissed

Amod Kumar v. The State Of Bihar

2016-03-15Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22136 of 2013 Arising Out of PS.Case No. -37 Year- 2011 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ====================================================== Amod Kumar S/O Shri Sitaram Paswan, R/O Village Chaksaid, P.S. Rajapakar (Baranti O.P.) Dist . Vaishali .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Sanjay Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-03-2016 On call, a prayer is being made on behalf of the petitioner, in presence of Sri Sanjay Kumar Pandey, learned Addl. Public Prosecutor, for adjourning the case. On the last date i.e. on 11.03.2016 when the case was taken up, there was nonappearance. Today a prayer is being made for adjournment. The prayer for adjournment is refused.

The petitioner, who is sole named accused in the F.I.R. in Rajapakar ( Baranti O.P.) P.S. Case no.37 of 2011 registered for the offence under Sections 409, 420, 467, 468, 471 of the Indian Penal Code, has prayed for quashing of an order of cognizance dated 14.03.2013 passed by the learned Chief Judicial Magistrate, Vaishali at Hajipur.

After investigation, the accusation against the

Patna High Court Cr.Misc. No.22136 of 2013 (3) dt.15-03-2016 2/2 petitioner was found true. Thereafter, the petitioner was forwarded to face trial and his name was incorporated in paragraph-11 of the chargesheet for offence under Section 406,420, 467, 468, 471 of the Indian Penal Code. The petitioner, at the relevant time, was Mukhiya of Gram Panchayat Chukunda, Rajapakar. I have examined the F.I.R., chargesheet as well as the order impugned. Since the order of cognizance has been passed after submission of charge sheet and the petitioner was forwarded as an accused, there is no error in the order. The petition stands dismissed.

Let a copy of this order be sent to the court below, so that the concerned court may proceed with the case for its expeditious disposal.

(Rakesh Kumar, J) NKS/- U