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Patna High CourtCR. MISC./52739/2013dismissed

Yogendra Ram v. State Of Bihar And ANR

2017-06-30Mr. Justice Rajendra Kumar Mishra1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52739 of 2013 Arising Out of PS.Case No. -1421 Year- 2010 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Yogendra Ram, Son Of Late Bhola Ram, R/O Mohalla- Gandhi Nagar, P.O. Lohia Nagar, P.S. Agam Kuan, Town And District- Patna. .... .... Petitioner

Versus

1. The State of Bihar

2. Most. Manju Singh, W/O Prabhat Kumar Singh Permanent Resident Of Mohalla- Rang Bahadur Road Til Bigha, Town And District- Patna At Present Residing At C/O D/O Shri Madan Singh, House No. 170 Indira Nagar, District- Patna.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-06-2017 Heard.

This application has been filed under Section 482 of the Code of Criminal Procedure to quash the order dated 27.04.2011 passed in Complaint Case No. 1421 (C) of 2010, whereby the learned Judicial Magistrate, 1st Class, Patna summoned the accused-petitioner on enquiry finding prima facie case for the offence under Section 420 of Indian Penal Code and Section 138 of Negotiable Instruments Act. On going through the impugned order, I do not find any illegality amounting to abuse of process of Court for interference in extraordinary jurisdiction under Section 482 Cr.P.C. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise his point as raised herein before the trial court at appropriate stage.

(Rajendra Kumar Mishra, J) manish/- U T