Vijay Kumar Sharma v. State of Bihar
Case brief
What is this about?
This court disposed of a criminal miscellaneous petition seeking quashing of a charge-sheet order under Section 482 CrPC. The court found no apparent illegality in the lower court's order and directed that the petitioner raise grounds of defence at the appropriate stage before the lower court.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26067 of 2010
====================================================== Vijay Kumar Sharma, son of Late Parsuram Sharma, resident of Thatheri Bazar, Buxar, P.S. Buxar , Town and District-Buxar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ----------------------5 18-09-2012 Heard Sri N.K.Agrawal, learned Senior Counsel, who was assisted by Sri Sanjeet Kumar, learned counsel for the petitioner and Sri P.N.Pandit, learned Addl. Public Prosecutor.
The sole petitioner, while invoking inherent
jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 27.05.2010 passed by the learned Chief Judicial Magistrate, Buxar in Buxar Town P.S. Case No.290 of 2005 ( G.R. No.1897 of 2005). By the said order, the learned Magistrate has taken cognizance of offence under Sections 420,467,468 and 471 of the Indian Penal Code.
Learned Senior Counsel submits that only allegation against the petitioner is that he had introduced one of the coaccused for opening Bank Account and save and except that material there is nothing to connect the petitioner in the present
Patna High Court Cr.Misc. No.26067 of 2010 (5) dt.18-09-2012
2 / 2
case. On this ground, he has prayed for quashing of order of cognizance.
Issues for consideration
2 issues framed by the court
Whether the order of the Chief Judicial Magistrate taken in cognizance of an offence under Sections 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324,
Whether the order of the Chief Judicial Magistrate taken in cognizance of an offence under Sections 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324,
Parties & counsel
- petitioner
Vijay Kumar Sharma
- respondent
The State Of Bihar
Coram
Rakesh Kumar
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court