Rajeev Kumar Roy v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49454 of 2012 ====================================================== Rajeev Kumar Roy S/O Sri Ramanand Roy Resident Of Village- Haripur, Police Station- Barauni, District- Begusarai. .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Arun Yadav S/O Sri Ram Khelawan Yadav Resident Of Village- Tara Belsandi, Police Station- Bibhutipur, District- Samastipur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Amrendra Kumar No.1 For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-03-2015 This is an application seeking quashing of the order dated 04.06.2011 passed by learned Judicial Magistrate, 1st Class, Rosera, Samastipur in Trial No. 1535 of 2012 arising out of Complaint Case No. 143 of 2011 whereby he has taken cognizance for the offence punishable under Sections 406 and 420 of the Indian Penal Code and has summoned the petitioner to face trial.
Learned counsel for the petitioner submits that the institution of criminal case against the petitioner is malicious and as a matter of fact the complainant has purchased the vehicle from the petitioner at a very low price knowing well that there was loan on the said Mahindra vehicle.
Be that as it may, I find that on the basis of the contents of
Patna High Court Cr.Misc. No.49454 of 2012 (2) dt.13-03-2015 P2/2 the complaint petition, offence under Sections 406 and 420 of the Indian Penal Code is made out. The order of the Court below for taking cognizance and summoning the petitioner for trial cannot be faulted with. It is however, observed that petitioner shall have the liberty to raise the issue as raised in the present application at appropriate stage before the Court below.
This application is disposed of accordingly.
(Chakradhari Sharan Singh, J.) Saif/- U