In this criminal miscellaneous petition under section 482 CrPC, the Patna High Court reviewed the Chief Judicial Magistrate's order summoning the petitioner for trial in a case involving cheating and forgery. Finding no illegality, the Court dismissed the application.
Application dismissed; order impugned stands affirmed.
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.12611 of 2013
| ====================================================== Prem Kumar Verma son of Ram Swarup Verma, resident of village - Ranko Chandra Nagar, P.S. - Mufassil, Distt. - Khagaria .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 01-05-2014 Heard learned counsel for the petitioner and learned counsel for the State. |
|---|
The present application under section 482 of the Code of Criminal Procedure has been filed by Prem Kumar Verma, a Panchayat Sewak for quashing the order dated 6th November, 2012 passed in Alouli P.S. Case No.44 of 1995, G.R. No.469 of 1995 by Chief Judicial Magistrate, Khagaria whereby and whereunder pursuant to perusal of the police report submitted in the case, the court below has taken cognizance of the offence and summoned the petitioner to face trial.
The petitioner is named in the FIR registered for the offences punishable under sections 468, 409, 420 and 120B of the Indian Penal Code. The police investigated the case and found the allegations to be true as against the petitioner and thus, submitted charge-sheet against him.
On perusal of the police report and the materials
Patna High Court Cr.Misc. No.12611 of 2013 (2) dt.01-05-2014
2/2
available on record, the court below found prima facie case to be made out against him and thus, took cognizance of the offence.
I find no illegality in the order impugned. Accordingly,
the application is dismissed.
Md.S./-
(Ashwani Kumar Singh, J)
3 issues framed by the court
Whether the impugned order summoning the petitioner for trial under sections 468, 409, 420 and 120B of IPC against him is legally untenable.
Whether the learned Chief Judicial Magistrate correctly took cognizance of the offence on perusal of the police report and found a prima facie case.
Whether the application for quashing the order summoning the petitioner is liable to be allowed or dismissed.
1 provisions across 1 enactments
Prem Kumar Verma
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
