Ranvijay Singh @ Ranvijay Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80121 of 2019 Arising Out of PS. Case No.-514 Year-2012 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.

Ranvijay Singh @ Ranvijay Prasad Singh, Son of Rajendra Prasad Singh Resident of Temple Road, Barari, P.S.- Barari, District- Bhagalpur 2.

Sanjeev Kumar Singh @ Mani Singh Son of Anant Singh Resident of Amrit Lal Lane, Barari, P.S.- Barari, District- Bhagalpur 3.

Kameshwar Mishra Son of Ratneshwar Mishra Resident of Mohalla - Tilkamanjhi, P.S.- Kotwali, District- Bhagalpur 4.

Md. Ashraf Ahmad Son of Late Halim Resident of Tilkamanjhi Chowk, Behind Basant Baha, Saheb and Sahiba Cloth Shop, P.S.- Barari, DistrictBhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Deep Shikha Nand Parina @ Deep Shikha Parina D/O - Raghunath Mandal Resident of Village and P.S. - Sabour, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date : 08-01-2020 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

By filing the application, the petitioners have invoked extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure against the summoning order dated 02.04.2015 passed in Compliant Case No. 514 of 2012, whereunder the court of Sri Mukesh Kumar, J.M.1st

Patna High Court CR. MISC. No.80121 of 2019 dt.08-01-2020 2/3 Class, Bhagalpur summoned petitioners on inquiry under Section 204 Cr.P.C. finding prima facie case under Sections 420 and 406 of the Indian Penal Code.

3.

Learned counsel appearing on behalf of petitioners submits that, initially, the O.P. No.2 Deep Shikha Nand Parina @ Deep Shikha Parina filed the Complaint Case No. 1122 of 2011 in the Court of Chief Judicial Magistrate, Bhagalpur, which was sent to the Police Station under Section 156(3) Cr.P.C. for investigation. Thereafter, on the basis of the said compliant case, Kotwali P.S. Case No. 75 of 2002 was instituted in which after investigation, Police submitted Final Form on 31.05.2002. Thereafter, O.P. No.2 filed Protest petition, which was treated as Compliant Case No. 514 of 2012 in which after inquiry, the petitioners have been summoned, illegally, finding prima facie case under Section 420 and 406 of the Indian Penal Code, as Final form had already been submitted finding the case untrue against the petitioners. The learned Magistrate was only required to see prima facie case on the basis of the material available in course of inquiry. 4.

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

Patna High Court CR. MISC. No.80121 of 2019 dt.08-01-2020 3/3 Cr.P.C. Accordingly, this application is dismissed. (Rajendra Kumar Mishra, J) manish/- AFR/NAFR NAFR CAV DATE N.A Uploading Date 09.01.2020 Transmission Date 09.01.2020