Allowed

Ajay Kumar Singh v. State Of Bihar and Anr.

Patna HC1 Aug 2014CR. MISC./1063/2014

Case brief

AI extract

What is this about?

The High Court of Patna allowed an application for quashing the order of cognizance passed by the Judicial Magistrate. The Court quashed the order on the grounds that the complaint was false and frivolous, noting the arrest of statutory complainant's son was due to an illegal activity of the complainant's son himself, not the petitioner.

What did the court decide?

The application is allowed and the order of cognizance dated 2.8.2013 is set aside.

Ajay Kumar Singh Vs State Of Bihar and Anr. — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1063 of 2014

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	Arising out of Complaint Case No.136(C), Year- 2013, District- PATNA
	====================================================== Ajay Kumar Singh, son of late Amawash Singh, resident of village - Sabari, P.O.- Kheriyan, P.S.- Kachawa, District - Rohtas .... .... Petitioner/s Versus 1. The State of Bihar. 2. Kaushalya Devi, wife of late Kamleshwari Prasad Yadav, resident of village - Malpur, P.S.- Ghoshwari, District - Patna .... .... Opposite Party/s ======================================================
	CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
4	01-08-2014 Heard learned counsel for the Petitioner and the State.
	The Petitioner seeks quashing of the order of
	cognizance dated 2.8.2013 passed by the Judicial Magistrate, 1^st
	Class, Barh, Patna, in Complaint Case No. 136(C) of 2013
	The case of the Complainant is that on 11.2.2013 the
	accused persons entered into her house without a search warrant and took away the licensed revolver of her husband and some
	cartridges. They also took away her son and forwarded him to Jail.

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The counsel for the Petitioner submits that he was the Sub Inspector of Police and presently posted at Kankarbagh Police Station, Patna, and was at the relevant time posted as Officer-inCharge of Ghoswari Police Station. In pursuance to a Complaint, he had instituted Ghoswari P.S. Case No. 12 of 2013 on the basis of which Gautam Yadav and Shashi Bhushan Yadav @ Manager

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Patna High Court Cr.Misc. No.1063 of 2014 (4) dt.01-08-2014

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2/2

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were arrested and remanded to Jail custody with Arms. It was on account of illegal activity of the Complainant’s son that he was arrested and the present Complaint set in the background facts is, evidently, false and frivolous.

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On the other hand, the counsel for the Complainant submits that the revolver was licensed and, therefore, the Petitioner had no right to seize the same.

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Considering the background facts of the case, I am inclined to accept the submission raised on behalf of the Petitioner.

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Hence, the application is allowed and the order of cognizance dated 2.8.2013 passed by the Judicial Magistrate, 1^st Class, Barh, Patna, in Complaint Case No. 136(C) of 2013 is, hereby, set aside.

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(Anjana Prakash, J)

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U T

Ajay Kumar Singh v. State Of Bihar and Anr.

Case brief

What is this about?

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Ajay Kumar Singh v. State Of Bihar and Anr.

Case brief

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