Siya Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66302 of 2019 Arising Out of PS. Case No.-1044 Year-2015 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== SIYA RAM SINGH Son of Late Hridyanarayan Singh Resident of Village - and Post- Arak, P.S.- Krishna Braham, Distt.- Buxar. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Rahul Singh Son of Nideshwar Singh Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar.

3.

Ritesh Singh Son of Nideshwar Singh Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar.

4.

Kameshwar Singh Son of Basudeo Singh Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar.

5.

Sanjeev Singh Son of Bharat Singh Resident of Village - Khalilpur, P.S.- Rasara, Distt.- Ballia (U.P).

6.

Jitendra Singh Son of Shewaji Singh Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar.

7.

Sachin Singh @ Chutali Singh Son of Shewaji Singh Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar.

8.

Mahendra Singh Son of Kedar Singh Presently Posted at Malitary Militant Police (M.M.P.) at Araha, Dist.- Araha , Permanent Address Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar. 9.

Bhuneshwari Singh Son of Kedar Singh Presently Posted at Malitary Militant Police (M.M.P.) at Araha, Dist.- Araha , Permanent Address Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar. 10.

Kapil Muni Singh Son of Hirdya Nand Singh Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar.

11.

Saroj Kumar Singh Son of Kapil Muni Singh Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar.

12.

Murari Singh Son of Kameshwar Singh Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar.

13.

Urmila Devi W/o Kapil Muni Singh Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar.

14.

Raj Kumari Devi W/o Late Sri Bhagwan Singh Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar.

15.

Lali Devi W/o Dineshwar Singh Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar.

16.

Punam Devi W/o Kameshwar Singh Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar.

17.

Dineshwar Singh Son of Basudeo Singh Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar.

Patna High Court CR. MISC. No.66302 of 2019(2) dt.22-04-2025 2/3 18.

Sukesh Singh Son of Dineshwar Singh Resident of Village - Arak, P.S.- Krishna Braham, Distt.- Buxar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Roy, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-04-2025 Heard the parties.

2.

This application has been filed for quashing the order dated 03.07.2019 passed by the learned District & Sessions Judge, Buxar, in Criminal Revision No.03 of 3019, by which the learned District Judge has dismissed the revision application filed by the petitioner and affirmed the order dated 20.12.2017 passed by learned A.C.J.M., IV, Buxar, in Complaint Case No.991 of 2015, whereby and where-under the learned Magistrate has taken cognizance against one accused namely, Rahul Singh for the offence under section 323 of the Indian Penal Code.

3.

On the complaint of the petitioner, cognizance has been taken against one accused namely, Rahul Singh for the offence under section 323 of the Indian Penal Code but cognizance has not been taken against other accused persons. The petitioner is aggrieved by the order, by which the cognizance has not been taken against the other accused persons.

Patna High Court CR. MISC. No.66302 of 2019(2) dt.22-04-2025 3/3 4.

I have gone through the order passed by the learned Magistrate, by which he has taken cognizance against only one accused and the order of the learned District and Sessions Judge, by which the revision application filed by the petitioner has been dismissed. I do not find any illegality in the impugned order and therefore, I do not want to interfere with the impugned order.

5.

This application is disposed of with liberty to the petitioner to file an application at appropriate stage under Section 319 of the Cr.P.C.

(Sandeep Kumar, J) pawan/- U T