Dr. R. S. Nagmani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85665 of 2019 Arising Out of PS. Case No.-538 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== DR. R. S. NAGMANI Son of Late Ram Sewak Singh Resident of VillageBairagi, P.S.- Kotwali, District- Gaya. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Deepchand Gupta, Son of Sanjay Prasad Gupta At present resident of A.P. Colony, Near Shiv Mandir, P.S.- Rampur, District- Gaya permanent resident of Village and P.S.- Jamhore, District- Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kunal Tiwary, Advocate For the Opposite Party/s :

Mr. Sadanand Paswan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 07-01-2020 Heard learned counsel for the parties.

The petitioner has sought for quashmnet of the police report dated 19.07.2019, submitted under Section 173 Cr.P.C., in connection with Gaya Kotwali P.S. Case No. 538 of 2018. The challenge is on the ground that the petitioner was not present at the time of occurrence and is victim of false implication due to the counter case.

In my view, the prayer is premature. The Magistrate has not exercised its discretion to proceed or not with the case. The petitioner may pursue legal remedy if the Magistrate passes any order affecting interest of the petitioner.

Patna High Court CR. MISC. No.85665 of 2019 dt.07-01-2020 2/2 With this observation, this application stands disposed off.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 08.01.2020 Transmission Date 08.01.2020