Dismissed

Raghubir Choudhary and Ors. v. State of Bihar and Anr.

Patna HC4 Dec 2012CR. MISC./22608/2010

Case brief

AI extract

What is this about?

Appeal against an order summoning accused-petitioners under Section 202 CrPC on a prima facie case of assault and extortion. Petitioners alleged a retaliatory false complaint. The court found no illegality or abuse of process and dismissed the application, allowing points to be raised during trial.

What did the court decide?

Application to quash the impugned order dismissing on finding no illegality or abuse of process; liberty to raise points in trial.

Raghubir Choudhary and Ors. Vs State of Bihar and Anr. — Quashing and FIR | Patna HC (2012)

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Patna High Court Cr.Misc. No.22608 of 2010 (5) dt.04-12-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22608 of 2010

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Raghubir Choudhary son of late Jageshwar Choudhary. 2. Amit Kumar Choudhary son of Raghubir Choudhary. 3. Pintu Choudhary son of Raghubir Choudhary. All residents of Main Road Begusarai, P.S.-Town, DistrictBegusarai.

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Ashok Prasad son of Ram Chandra Prasad, resident of MohallaPokharia, P.S.-Town, District-Begusarai.

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.... .... Petitioners

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Versus 1. The State Of Bihar. 2. Bhim Sah son of late Biso Sah, resident of Mohalla-Jagir, P.S.Town, District-Begusarai.

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.... .... Opposite Parties

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER

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5 04-12-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 09.04.2010 passed in Complaint Case No. 2969 of 2009 by the Court of Sri Nishant Kumar Priyadarshi, whereby the learned Magistrate summoned the accused-petitioners, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under Sections 341, 384 and 385 of the Indian Penal Code against the accusedpetitioners.

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Learned counsel for the petitioner submits that petitioner no. 1, Raghubir Choudhary, had filed the Complaint

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Patna High Court Cr.Misc. No.22608 of 2010 (5) dt.04-12-2012

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Case No. 2781-C of 2009 against the complainant/opposite party no. 2 and others. Due to that reason, the opposite party no. 2 has filed this false complaint case against the petitioners.

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On perusal of the impugned order, I find no any illegality amounting to abuse of the process of the Court. Accordingly, this application is dismissed. However, the petitioners would be at liberty to raise all points, raised herein, at appropriate stage in trial court.

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(Rajendra Kumar Mishra, J)

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Safik/-

Raghubir Choudhary and Ors. v. State of Bihar and Anr.

Case brief

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Raghubir Choudhary and Ors. v. State of Bihar and Anr.

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