Disposed

Amaresh Kumar @ Kaushal Kuamr and Ors. v. the State of Bihar and Anr.

Patna HC28 Nov 2013CR. MISC./35140/2011

Case brief

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What is this about?

The Patna High Court disposed of a criminal miscellaneous petition seeking quashing of the cognizance order in a criminal trial. The court chose not to interfere at this stage, allowing the petitioner to raise contentions during the framing of charges.

What did the court decide?

The application for quashing the cognizance order is disposed without interference, with liberty to raise contentions during framing of charges.

Amaresh Kumar @ Kaushal Kuamr and Ors… — Constitutional and Fundamental Rights | Patna HC (2013)

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Patna High Court Cr.Misc. No.35140 of 2011 (3) dt.28-11-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35140 of 2011

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03/	====================================================== 1. Amaresh Kumar @ Kaushal Kumar S/O Parmanand Lal Das R/O Village - Hati, P.O. Sarisopahi, P.S. Pandaul, District - Madhubani 2. Akhilesh Kumar @ Annu Kumar S/O Parmanand Lal Das R/O Village - Hati, P.O. Sarisopahi, P.S. Pandaul, District - Madhubani 3. Baidehi Devi W/O Parmanand Lal Das R/O Village - Hati, P.O. Sarisopahi, P.S. Pandaul, District - Madhubani .... .... Petitioner/s -Versus- 1. The State Of Bihar 2. Rakesh Kumar Jha S/O Sri Arjun Jha R/O Village - Hati, P.O. Sarisopahi, P.S. Pandaul, District - Madhubani .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-11-2013 The present application has been filed for quashing the
	cognizance order dated 16.06.2011 passed by learned Judicial
	Magistrate, Ist Class, Madhubani in connection with C.R. No.
	2035 of 2010, Tr. No. 5874 of 2011 whereby cognizance has been taken for the offences under Sections 323, 341, 379 and 504/34 of the Indian Penal Code. Considering nature of accusation and there is nothing on the record to suggest the present stage of the case, this Court is not inclined to interfere.

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Accordingly, this application is disposed of with liberty to the petitioner to raise all the contentions at the time of framing of charge, if the charge has not been framed as yet.

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(Dinesh Kumar Singh, J)

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DKS/-

Amaresh Kumar @ Kaushal Kuamr and Ors. v. the State of Bihar and Anr.

Case brief

What is this about?

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Amaresh Kumar @ Kaushal Kuamr and Ors. v. the State of Bihar and Anr.

Case brief

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What did the court decide?

What the court decided

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