The Patna High Court allowed the application to quash the order of cognizance passed against the petitioner in a PS Case, accepting the submission that no cogent material existed against him.
The order of cognizance dated 17.11.2008 passed by the Chief Judicial Magistrate, Nawada is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11968 of 2014
Arising Out of PS.Case No. -29 Year- 2005 Thana -ROUH District- NAWADA ====================================================== 1. Bablulal Sao @ Munilal Sao, S/O Late Barho Sao, R/O Village-Bhatha, P.S. Roh, District-Nawada .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. D.N. Tiwari, Advocate Mr. Vijay Anand, Advocate For the Opposite Party/s : Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4 07-11-2014 The Petitioner seeks quashing of the order of cognizance dated 17.11.2008 passed by the Chief Judicial Magistrate, Nawada in Roh P.S. case No.29 of 2005.
It has been submitted that the Petitioner was the Thela vendor of dealer and hence in the facts of the case no offence is made out as against him.
On going through the case diary, the learned A.P.P. assists and submits that as against the rest of the accused persons there are allegations but so far as the present Petitioner is concerned there is no cogent material against him.
Accepting such submission, the application is allowed and the proceeding so far as the Petitioner is concerned including
Patna High Court Cr.Misc. No.11968 of 2014 (4) dt.07-11-2014
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the order of cognizance dated 17.11.2008 passed by the Chief Judicial Magistrate, Nawada in Roh P.S. case No.29 of 2005 is hereby set aside.
(Anjana Prakash, J)
Narendra/U T
Bablulal Sao @ Munilal Sao
The State Of Bihar
Anjana Prakash
As recorded by the court registry
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