Dismissed

Raj Kishore Kuar and Ors. v. State of Bihar and Anr.

Patna HC5 Dec 2012CR. MISC./25771/2010

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 CrPC seeking to quash an order summoning accused found to have a prima facie case. The court held no illegality or abuse of process was involved. Petitioners were permitted to raise issues in trial.

What did the court decide?

Application to quash the order summoning the accused is dismissed without prejudice to raising points in trial.

Raj Kishore Kuar and Ors. Vs State of Bihar and… — Civil Procedure and Limitation | Patna HC (2012)

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Patna High Court Cr.Misc. No.25771 of 2010 (6) dt.05-12-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25771 of 2010

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==================== Raj Kishore Kuar & Ors State Of Bihar & Anr ====================	================================== .... .... Petitioner/s Versus .... .... Opposite Party/s ==================================
Appearance : For the Petitioner/s : For the Opposite Party/s :	Mr. N.K. Agrawal, Sr.Advocate. Mr.
==================== CORAM: HONOURABLE MISHRA ORAL ORDER	================================== MR. JUSTICE RAJENDRA KUMAR
6 05-12-2012 Heard learned	counsel for the petitioners and learned
A.P.P. for the State.

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This application, under section 482 of the Code of Criminal Procedure, is to quash the order dated 22.10.2009 passed in Complaint Case No.3967/08 / 446/09 by the court of Sri Ashutosh Kumar, J.M. Ist Class, Saran, Chapra, whereby learned Judicial Magistrate on enquiry under section 202 Cr.P.C. summoned the accused petitioners finding prima facie case for the offence under sections 341, 323, 504 and 379 of the Indian Penal Code and section 3(x) of S.C. & S.T. Act.

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Learned counsel for the petitioner submits that, in fact, petitioner no.1, Raj Kishore Kuar filed the Complaint Case No.3957/08 against the O.P. no.2 and others for the offence under sections 323,427,379 and 506 I.P.C. Due to that reason O.P.No.2 has filed the complaint case No.3967 of 2008 to save his neck.

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Patna High Court Cr.Misc. No.25771 of 2010 (6) dt.05-12-2012

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

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AnilKrSinha/-

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(Rajendra Kumar Mishra, J)

Raj Kishore Kuar and Ors. v. State of Bihar and Anr.

Case brief

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Raj Kishore Kuar and Ors. v. State of Bihar and Anr.

Case brief

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