Raju Kumar @ Raju Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1423 of 2020 Arising Out of PS. Case No.-642 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.

RAJU KUMAR @ RAJU DAS Son of Prem Das Resident of Mohalla - Das Tola, village - Kabra, P.S.- Sadar, District - Muzaffarpur. 2.

Basant Das Son of Ram Lagan Das Resident of Village - Khabra, P.S.- Sadar, District - Muzaffarpur.

... ... Petitioners.

Versus

1.

THE STATE OF BIHAR 2.

Manju Devi Wife of Kameshwar Ram Resident of Village - Khabra, P.S.- Sadar, District - Muzaffarpur.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioners :

Mr. Mazharul Hassan, Advocate.

For the State :

Mr. Jharkhandi Upadhyay, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date : 14-01-2020 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the State.

2. This application, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioners to quash the order dated 10.07.2019 passed in Complaint Case No.642 of 2018 by the court of Sri Sankesh Chandra, Additional Chief Judicial Magistrate-XIII, Muzaffarpur (East), summoning the petitioners, on inquiry under Section 204 of the Code of Criminal Procedure, finding prima facie case against them for the offence under Sections

Patna High Court CR. MISC. No.1423 of 2020 dt.14-01-2020 2/3 323, 341, 379 and 427/34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that, in fact, due to lodging of Muzaffarpur (Sadar) P.S. Case No.200 of 2015 by Anamika Ranjan, the daughter of the petitioner no.1, for the offence under Section 354(A) of the Indian Penal Code on 18.04.2015 against the son of the opposite party no.2 and others, the opposite party no.2, as a counter blast, lodged Complaint Case No.964 of 2015 in the court of the Chief Judicial Magistrate, Muzaffarpur, which was sent under Section 156(3) of the Code of Criminal Procedure to the concerned police station for investigation and institution of the case and, accordingly, Muzaffarpur (Sadar) Police Station Case No.472 of 2016 was instituted against the petitioners and others in which the police submitted the final form but the protest petition of the opposite party no.2 filed in the aforesaid case was treated as Complaint Case No.642 of 2018 in which the petitioners have been summoned through the impugned order illegally.

4. On going through the impugned order, I find no illegality therein amounting to an abuse of the process of the court for interference with the same in an extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.1423 of 2020 dt.14-01-2020 3/3

5. Accordingly, this application stands dismissed. However, the petitioners would be at liberty to raise all the points, as raised herein, before the trial court at the appropriate stage.

(Rajendra Kumar Mishra, J) Pradeep Srivastava/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.01.2020.

Transmission Date 16.01.2020.