Petitioners filed a criminal miscellaneous application under Section 482 CrPC to quash an impugned cognizance order dated 15.5.2010 passed by the Chief Judicial Magistrate, Patna, in a case registered under various IPC offences.
Application dismissed with liberty to raise points at the appropriate stage in the trial court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17900 of 2010
2. Priyabrat Kumar Priyabrat, son of Sri Ram Kishore Singh, resident of Mohalla-40/SL Complex, R.M.S. Colony, Kankarbagh, Patna-20 .... .... Petitioners. Versus
1. The State of Bihar.
2. Ashok Kumar Poddar, son of Late Atama Ram Poddar, Mohalla-Ashiyana Tower, Exhibition Road, Patna-1. .... .... Opposite Parties. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
4 04-12-2012 Heard.
Initially, this application, under Section 482 of the Code of Criminal Procedure, was filed on behalf of the petitioners for quashing the F.I.R. of Gandhi Maidan P.S. Case No.469 of 2009 registered under Sections 341, 323, 379, 427, 504 and 506/34 of the Indian Penal Code. Later on, a supplementary has been filed on behalf of the petitioners to quash the order dated 15.5.2010 passed in the aforesaid Gandhi Maidan P.S. Case No.469 of 2009 by the Chief Judicial Magistrate, Patna, taking cognizance of the offence against the petitioners under Sections 323 and 504 of the Indian Penal Code.
Perused the impugned cognizance order.
Apparently, I find no illegality in the impugned
Patna High Court Cr.Misc. No.17900 of 2010 (4) dt.04-12-2012
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cognizance order amounting to abuse of the process of the court. Accordingly, this application stands dismissed. However, the petitioners would be at liberty to raise all the points, as raised herein, at the appropriate stage in the trial court.
(Rajendra Kumar Mishra, J)
P.S./-
1 issue framed by the court
Whether the order passed by the Chief Judicial Magistrate, Patna, in the quashment of the FIR amounts to abuse of the process of the court or is illegal?
3 provisions across 2 enactments
Vijay Kumar Sinha @ Vijay Kumar
Priyabrat Kumar Priyabrat
The State of Bihar
Ashok Kumar Poddar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
