Patna High CourtCR. MISC./22600/2013dismissed

Sonu Kumar v. State Of Bihar And ANR

2016-03-15Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22600 of 2013 Arising Out of PS.Case No. -27 Year- 2007 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Sonu Kumar, s/o Kapildeo Prasad, Resident of village - Chaurai, Police Station - Ekangarsarai, District - Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. Manohar Paswan , S/o Late Kishun Paswan Resident of village - Chaurai P.S. Ekangarsari District Nalanda .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Prasad For the Opposite Party/s : Mr. J.Upadhyay(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-03-2016 Heard Sri Sunil Prasad, learned counsel for the petitioner and Sri Jharkhandi Upadhyaya, learned A.P.P. The sole petitioner, invoking inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, 1973 has prayed for quashing of an order dated 5.4.2011 passed in Ekangarsarai P.S. Case No. 27 of 2007 (G.R. No. 194 of 2007) by the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda. By the said order the learned Magistrate differing with the police report has taken cognizance of offences under Sections 307, 504/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3 and 4 of the Explosive Substances Act even against the petitioner. Though the case was committed to the court of sessions, the present petition was filed in the year 2013

Patna High Court Cr.Misc. No.22600 of 2013 (2) dt.15-03-2016 2/2 challenging the order of 2011 i.e. the order of cognizance. I have perused the impugned order. On going through order impugned the court is satisfied that the learned Magistrate while differing with the police report had examined the case diary and referring to certain paragraphs of the case diary has passed the order of cognizance. There is no apparent error warranting interference. The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T