Dismissed

Ram Mohan Chaudhary v. the State of Bihar and Ors.

Patna HC24 Apr 2014CR. MISC./16962/2011

Case brief

AI extract

What is this about?

The Patna High Court disposed of a criminal miscellaneous petition seeking quashing of an impugned order. The justices noted the parties are full brothers and allowed the petitioner to approach the lower court for appropriate remedy. Consequently, the earlier stay was vacated.

What did the court decide?

Petition dismissed; petitioner directed to approach lower court. Interim stay vacated.

Ram Mohan Chaudhary Vs the State of Bihar and Ors. — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No. 16962 of 2011

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=================================================== Ram Mohan Chaudhary son of Late Bhola Chaudhary, resident of village Govindpur, P.S. Bahadurpur, District Darbhanga. .... .... Petitioner Versus 1. The State of Bihar 2. Ram Padarath Chaudhary son of Late Bhola Chaudhary resident of village Govindpur P.S. Bahadurpur District Darbhanga. .... .... Opposite Parties =================================================== Appearance : For the Petitioner/s : Mr. K.P.Singh, Sr.Adv. For the Opposite Party/s : Mr. D.P.Tiwari, APP Mr. G.K.Ojha, Adv. =================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11. 24-04-2014 Heard Sri Krishna Prasad Singh, learned senior counsel for the petitioner, Sri Damodar Prasad Tiwari, learned Addl. Public Prosecutor as well as Sri Gejendra Kumar Ojha, learned counsel for opp. party no. 2.

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In the present petition, the petitioner has prayed for quashing of order dated 31-03-2011 passed by learned Judicial Magistrate 1^st Class, Darbhanga (in short “Magistrate”) in C. R. No. 1294 of 2010. By the said order, learned Magistrate has taken cognizance of offence under Sections 341, 323, 425 & 34 of the Indian Penal Code (in short “IPC”). Earlier, it was pleaded that all the offences are triable by the Gram Kutchery. A bench of this Court

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Patna High Court Cr.Misc. No.16962 of 2011 (11) dt.24-04-2014

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by order dated 30-08-2012, while directing for issuance of notice to opp. party no. 2, had stayed further proceeding before the court below.

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In this case, a counter affidavit has been filed on behalf of complainant/opp. party no. 2. In the counter affidavit, repeatedly, it has been stated that cognizance order has been passed, besides other sections, under Section 427 of the IPC, which is not triable by the Gram Kutchery. The statement made in the counter affidavit has not been disputed by the petitioner by filing any reply. Meaning thereby, that the statement made in the counter affidavit is correct regarding cognizance order in respect of section 427 of the IPC.

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Learned senior counsel for the petitioner submits that on perusal of the certified copy of the impugned order, there was some confusion in respect of provision i.e. section 425 or 427 and due to that reason, it appears that inadvertently, in typed copy of impugned order, instead of section „427‟, it has been typed as „425‟.

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Without recording any observation on that issue, the Court is of the opinion that this petition may be disposed of keeping in view the fact that the petitioner and complainant are full brothers so that petitioner may avail

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Patna High Court Cr.Misc. No.16962 of 2011 (11) dt.24-04-2014

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appropriate remedy before the court below.

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The petition stands disposed of.

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In view of disposal of this petition, interim order of stay dated 30-08-2012 stands vacated.

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(Rakesh Kumar, J.)

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Anay

Ram Mohan Chaudhary v. the State of Bihar and Ors.

Case brief

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Ram Mohan Chaudhary v. the State of Bihar and Ors.

Case brief

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