Patna High Court dismissed criminal miscellaneous petition challenging order taking cognizance under IPC sections, finding no error in the impugned order.
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Patna High Court Cr.Misc. No.31465 of 2011 (2) dt.18-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31465 of 2011
====================================================== Md. Faruque .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aiaur Quamar, Adv. For the Opposite Party/s : Mr. M.K.Nirala, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 18-09-2012 Heard learned counsel for the petitioner and the State. Petitioner is challenging the order dated 13th June 2011 whereby the court below has taken cognizance u/s 341, 342, 323, 324, 307/34 IPC.
From the FIR it appears that the informant was residing in a tenanted house for prosecuting his studies. On 12 the June 2010 at about 9:00 P.M. the informant after taking meal was returning to his residence, in the way when he reached at Sharif Nagar, petitioner called him to stay at his residence and both were sleeping together in same room. At about 11:00 P.M. informant saw 7 – 8 persons standing outside the room and were talking. At about 4:00 A.M. the informant went out of the room to attend the natural call, when informant returned and went for sleeping, the petitioner came and gave blow by Iron rod on his head causing injury. Thereafter Md. Muzaffar, Md.Neyaz, Md.
Patna High Court Cr.Misc. No.31465 of 2011 (2) dt.18-09-2012
Muretaza Md. Mumtaj and Md. Guddu and other persons caught the informant and gave a knife blow with an intention to kill him and it has been alleged that he was brutally assaulted.
Counsel for the petitioner submits that it is a malicious prosecution because the informant has been made accused in Araria P.S. Case No. 277/2010 where allegation has been made that he had entered into the house of Abu Bakar and was trying to outrage the modesty of his daughter. When he was
caught, the people of the locality had thrashed the informant.
At this stage this Court will not look into this aspect
of the matter. It can be tested at the trial stage.
This Court does not find any error in the order impugned. This petition is accordingly, dismissed.
(Shivaji Pandey, J)
Jay/-
1 issue framed by the court
Whether there was any error in the order impugned taking cognizance of the case.
Md. Faruque
The State Of Bihar (unknown-1)
Shivaji Pandey
As recorded by the court registry
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