The High Court directed the Judicial Magistrate to examine interlinked police cases and amalgamate them if applicable for the convenience of the accused and prosecution within four weeks.
Directed the Judicial Magistrate to amalgamate separate cases (Nos. 480 and 481 of 2013) if interlinked within four weeks.
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.17913 of 2014
Arising Out of PS.Case No. -481 Year- 2013 Thana -GANDHIMAIDAN District- PATNA ====================================================== 1. Birendra Kumar Son of Sri Ganesh Prasad Gupta, Resident of Sondiha, P.S. - Pasraha, Dist. - Khagaria. .... .... Petitioner/s Versus 1. The State of Bihar 2. Ajay Kumar, District - Planning Officer, District - Planning Office, Collectorate, Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. B.N.Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3 20-11-2014 The Petitioner seeks quashing of the order of cognizance dated 20.2.2014 passed by the Judicial Magistrate, 1st class, Patna in Gandhi Maidan P.S. case No.481 of 2013.
It has been submitted that Gandhi Maidan P.S. case No.480 of 2013 was instituted for disappearance of one cheque during the tenure of the Petitioner and subsequently during investigation it transpired that there were some more cheques missing, after which the present case i.e. Gandhi Maidan P.S. case No.481 of 2013 was instituted once again also against the Petitioner since he was posted in the Office at the relevant time.
The submission is that without going into the merits of the case, Gandhi Maidan P.S. case No.480 of 2013 and 481 of
Patna High Court Cr.Misc. No.17913 of 2014 (3) dt.20-11-2014
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2013 should be amalgamated for convenience of not only the accused but also for the Prosecuting Agency. The specific assertion is that only cognizance has been taken in both the cases.
The Judicial Magistrate, 1st class, Patna is directed to look into the records of the case and if he finds that both the cases are inter linked they should be amalgamated for convenience within four weeks from the date of receipt of this order.
With these observations, the application stands
disposed of.
(Anjana Prakash, J)
Narendra/-
U T
1 issue framed by the court
Whether criminal cases involving disappearance of cheques instituted separately should be amalgamated for procedural convenience.
Birendra Kumar
The State of Bihar
Ajay Kumar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
