The Patna High Court refused to interfere with the order of the Chief Judicial Magistrate, Darbhanga, directing issuance of processes for offences under sections 379 and 323 IPC as cognizance was already taken.
Application disposed of with liberty to the petitioner to raise all contentions at the appropriate stage.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1471 of 2014
======================================================
Raj Kumar Jha
.... .... Petitioner/s
Versus
1. State Of Bihar,
2. Subhashish Sarkar
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
2 13-01-2014 Heard learned counsel for the parties.
The present application has been filed for
quashing the order dated 15.4.2013 passed by the learned
Chief Judicial Magistrate, Darbhanga in Laheriasarai P.S.
Case No. 106 of 2012 whereby the processes were directed
to be issued on cognizance being taken for the offences
punishable under sections 379 and 323 of the Indian Penal
Code.
Considering the nature of accusation and the
fact that the police submitted chargesheet and thereafter
cognizance was taken, this court is not inclined to interfere
in the matter at this stage.
This application is disposed of with a liberty to
the petitioner to raise all the contentions at the appropriate
Patna High Court Cr.Misc. No.1471 of 2014 (2) dt.13-01-2014
2/2
stage.
(Dinesh Kumar Singh, J)
Anil/-
1 issue framed by the court
Whether the warrantless quashing order dated 15.4.2013 relating to offences under sections 379 and 323 IPC should be interfered with at this stage.
1 provisions across 1 enactments
Raj Kumar Jha
State Of Bihar
Subhashish Sarkar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
