Single judge held that quashing the order taking cognizance raised questions of fact determinable only during trial. Application to quash CGM's order in Korha PS case was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.18120 of 2012 (4) dt.03-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 18120 of 2012 =================================================== Abdul Matin .... .... Petitioner/s Versus The State of Bihar & Anr .... .... Opposite Party/s =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 04. 03.12.2012 The Petitioner seeks quashing of the order dated 14.03.2012 passed by the Chief Judicial Magistrate, Katihar in Korha P.S. Case No. 387 of 2011 by which he has taken cognizance in the matter. Since the Petitioner seeks quashing on questions of fact which can only be adjudicated during trial, I am not inclined to interfere in the matter. The application is dismissed.
(Anjana Prakash, J.)
Vikash/-
1 issue framed by the court
Whether the single judge can quash the order taking cognizance in the criminal matter.
Abdul Matin
The State of Bihar & Anr.
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
