Petitioner filed criminal miscellaneous petition seeking quashing of order of cognizance. Court held that disputed facts preclude interference at the CrPC 482 stage and dismissed the application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13912 of 2014
Arising Out of Complaint Case No. -3012 (C) Year- 2013 District- PATNA ====================================================== Praveen Kumar Son Of Sri Tara Nand Sinha Resident Of Village Holding No. 118, Sindhu Babu Tola, Sisya, P.S- Korha, District And Town- Katihar, Pin- 854108 .... .... Petitioner/s Versus 1. The State of Bihar 2. Shailesh Kumar son of late Sadhu Sharan Singh Resident Of Sakarwar Tola, Police Station- Mokama, town and District Patna at present Residing At Jai Prakash Nagar, A.G. Colony, Police Station- Shastri Nagar, town and District- Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chiranjiva Ranjan For the State : Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3 10-11-2014 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order of cognizance dated 5.12.2013 passed by the Judicial Magistrate, Patna, in connection with Complaint Case No. 3012 (C) of 2013. Considering that the Petitioner seeks quashing on disputed questions of fact which cannot be gone into at the stage of 482 Cr. P.C., I am not inclined to interfere in the matter. The application stands dismissed.
(Anjana Prakash, J) S.Ali/U T
1 issue framed by the court
Whether the High Court can quash an order of cognizance involving disputed questions of fact under Section 482 Cr.P.C.
Praveen Kumar
The State of Bihar
Shailesh Kumar
Anjana Prakash
As recorded by the court registry
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