The Patna High Court dismissed an application seeking quashing of a lower court order on cognizance. The court held that factual questions preclude interference under Article 227 and allowed proceedings to continue.
Quashing of impugned orders dismissed per order.
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Patna High Court Cr.Misc. No.1081 of 2012 (5) dt.03-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1081 of 2012
====================================================== 1. Ajab Narayan Singh, son of late Paras Nath Singh, 2. Prem Singh, son of Sri Ajab Narayan Singh, 3. Randhir Kumar Singh, son of Ajab Narayan Singh, 4. Binod Singh, son of Sri Ajab Narayan Singh, All R/O Village-Nakkipur,P.S.-Kodha,Dist.-Katihar .... .... Petitioner/s Versus 1. The State of Bihar, 2. Mohan Ram, son of Late Sumangal Ram, R/O Village-Nakkipur, P.S.Kodha, Dist.-Katihar
.... .... Opposite Party/s
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
5/ 03-12-2012 No one appears on behalf of the Petitioners. The Petitioners seek quashing of the order dated 08.12.2011 passed by the 1st Additional Sessions Judge, Katihar, in Cr. Revision No.130 of 2010, by which he has confirmed the order dated 13.09.2010 passed by the Chief Judicial Magistrate, Katihar, in C.A. Case No.1337 of 2010, by which he has taken cognizance in the matter.
Since the Petitioners seek quashing on question of facts which cannot be adjudicated in trial, I am not inclined to interfere in the matter.
The application is dismissed.
(Anjana Prakash, J)
JA/-
1 issue framed by the court
Whether the High Court should interfere to quash the order confirming cognizance on a question of facts.
Ajab Narayan Singh and others
The State of Bihar and Mohan Ram
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
