Single judge order dismissing an application seeking quashing of a rejection on jurisdiction, allowing petitioners to raise contentions at the charge framing stage.
Application disposed with liberty to raise contentions at the time of framing of charge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30918 of 2013
====================================================== 1. Dr. Raj Kumar S/O Late Ram Prasad Pandit Resident Of Bari Khagaul, P.S- Khagaul, District- Patna. 2. Sudha Devi W/O Dr. Raj Kumar Resident of Bari Khagaul, P.SKhagaul, District- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Nitu Devi @ Nitu Singh W/O Dr. Jitendra Kumar And D/O Krishna Singh Resident Of Banaras Bank Chowk, Muzaffarpur, P.S- Town, Muzaffarpur, District- Muzaffarpur. .... .... Opposite Party/s
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
04/ 07-04-2014 The present application has been filed for quashing the order dated 17.06.2013 passed by learned Sub-divisional Judicial Magistrate (East), Muzaffarpur in Complaint Case No. 1589 of 2007, whereby the petitioners’ application raising the dispute with regard to the jurisdiction of learned SDJM (East), Muzaffarpur to try the case has been rejected.
It appears that the question of jurisdiction and the order of issuance of process were raised by the petitioners in Cr. Misc. No. 20615 of 2011 which was not entertained and the application was disposed of on 14.12.2012. However, liberty was given to the petitioners to raise the issue at appropriate stage before the learned court below.
It appears that charge has still not been framed.
Patna High Court Cr.Misc. No.30918 of 2013 (4) dt.07-04-2014
2
Accordingly, this application is disposed of with liberty to the petitioners to raise all the contentions at the time of
framing of charge.
DKS/-
(Dinesh Kumar Singh, J)
Dr. Raj Kumar
Sudha Devi
The State Of Bihar
Nitu Devi
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
