Patna High CourtCR. MISC./22008/2013dismissed

Raghubar Prasad And ORS. v. State Of Bihar And ANR

2016-03-08Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 22008 of 2013 Arising Out of PS.Case No. -1881 Year- 2000 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Raghubar Prasad S/O Late Bachhu Prasad

2. Subodh Kumar S/O Raghubar Prasad

3. Darshan Rai S/O Late Ganesh Rai All Resident of Village- Mansi Chhapra, P.S.- Chakiya, District- East Champaran at Motihari .... .... Petitioners

Versus

1. The State of Bihar

2. Rahendra Rai S/O Late Hiraman Rai R/O Village- Mansi Chhapra, P.S.- Chakia, District- East Champaran at Motihari .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Dr.Ravindra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

08-03-2016 Heard learned counsel for petitioners and Dr. Ravindra Kumar, learned Addl. Public Prosecutor. Three petitioners have approached this Court invoking its inherent jurisdiction under Section 482 of the Cr.P.C. against an order, which was passed long back on 10-11-2000 by the learned Chief Judicial Magistrate, whereby the learned Magistrate had transferred the Complaint Case No. 1881 of 2000 to the court of learned S.D.J.M., Sadar, East Champaran at Motihari. From the record, it appears that finally, on 14-03-2001 learned S.D.J.M. has taken cognizance of offence under Sections 323, 392/34 of the Indian Penal Code and directed for issuance of summons against

Patna High Court Cr.Misc. No.22008 of 2013 (2) dt.08-03-2016 2/2 accused persons for securing their attendance. Though, the order of cognizance was passed long back in March, 2001, the petitioner after more than 12 years have filed the present petition for quashing of order of cognizance. Keeping in view the fact that order of cognizance was passed long back in the year 2001, no order is required to be passed in favour of petitioners.

The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T