Jahiruddin Ansari @ Jaharuddin Ansari @ Md.Jahiruddin Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54823 of 2016 Arising Out of PS.Case No. -34 Year- 2014 Thana -HUSAINGANJ District- SIWAN =========================================================== Jahiruddin Ansari @ Jaharuddin Ansari @ Md. Jahiruddin Ansari son of Md. Shahid Ansari, resident of village - Dhankhar, P.S.-Hussainganj, District- Siwan.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Narayan, Sr. Advocate For the State : Mr. Jharkhandi Upadhyay, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 01-08-2017 Heard Mr. Rajendra Narayan, learned Senior Advocate appearing for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State.
2. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing of the order dated 11.05.2015 passed by the learned Chief Judicial Magistrate, Siwan in Hussainganj P.S. Case No.34 of 2014 by which cognizance has been taken for the offences punishable under Sections 147, 148, 149, 341, 323, 325 of 308 of the Indian Penal Code.
3. On perusal of the FIR, it would be evident that the petitioner is one of the active participants of the commission of the offence. The ingredients of the offences alleged are clearly attracted.
Patna High Court Cr.Misc. No.54823 of 2016 dt.01-08-2017 2/2
4. In that view of the matter, I see no illegality in the impugned order dated 11.05.2015 passed by the learned Chief Judicial Magistrate, Siwan.
5. Accordingly, the application, being devoid of any merit, is dismissed.
6. It is needless to say that the petitioner would be at liberty to raise all the points available to him at the stage of framing of charge on the basis of the materials collected during investigation. (Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 03.08.2017 Transmission Date 03.08.2017