Patna High CourtCR. MISC./43386/2013dismissed

Rakesh Kumar Ranjan v. The State Of Bihar Through Secretary, Urban Development, Bihar And ORS

2016-08-26Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43386 of 2013 Arising Out of PS.Case No. -401 Year- 2011 Thana -KOTWALI District- PATNA ====================================================== Rakesh Kumar Ranjan S/o Sri Sukdeo Prasad Singh Resident Of Mohalla - 62 Nenadpuri, Maurya Path, Khajpura, P.S. - Shastri Nagar, District - Patna. .... .... Petitioner/s

Versus

1. The State Of Bihar Through Secretary, Urban Development, Bihar

2. The Patna Municipal Corporation Through Its Commissioner, Maurya Lok Complex, Patna.

3. The Commissioner Patna, Municipal Corporation, At Maurya Lok Complex, Patna, P.S. - Kotwali, District - Patna.

4. The Director, Urban Planning Patna Municipal Corporation At Maurya Lok Complex, Patna, P.S. - Kotwali, District - Patna.

5. The Vigilance Officer, Patna Municipal Corporation, Patna At Maurya Lok Complex, Patna, P.S. - Kotwali, District - Patna.

6. Junior Engineer, Patna Municipal Corporation, Nutan Rajdhani Division, P.S. - Kotwali, District - Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-08-2016 Head Sri Binod Kumar Singh, learned counsel for the petitioner and Sri Madan Kumar, learned A.P.P. The sole petitioner has approached this court invoking its inherent jurisdiction under section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 17.5.2013 passed by learned Judicial Magistrate 1st Class, Patna in Kotwali P.S. Case No. 401 of 2011. By the said order petition filed on behalf of the petitioner for discharge under section 239 of the Cr.P.C. was rejected.

Patna High Court Cr.Misc. No.43386 of 2013 (3) dt.26-08-2016 2/2 In this case by order dated 1.7.2016 a report was called for from the court below regarding the stage of the case which has been received and kept at flag 'A'. On perusal of the report dated 20.8.2016 of the learned Judicial Magistrate it is evident that charge in the case has already been framed and witnesses have been summoned.

In view of the fact that charge has already been framed there is no reason to pass any positive order. The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T