The Patna High Court dismissed the petitioner's application seeking quashing of the order of cognizance. The bench held that facts were disputed and could not be adjudicated at the interim stage of Section 482 CrPC.
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Patna High Court Cr.Misc. No.40832 of 2014 (2) dt.05-12-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 40832 of 2014 Arising out of P.S. Case No. -2 Year- 2014 Thana -KESARIA District- EASTCHAMPARAN(MOTIHARI) =================================================== Himanshu Singh, S/o Late Vidaya Singh, Resident of VillageSiswa Patna, P.S.-Kesaria, District-East Champaran (Bihar). .... .... Petitioner/s Versus The State of Bihar & Anr .... .... Opposite Party/s ================================================== Appearance : For the Petitioner/s : Mr. Navin Kumar, Adv. For the Opposite Party/s: Mr. Nawal Kishore Prasad (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 05.12.2014 No one appears on behalf of the Petitioner. The Petitioner seeks quashing of the order of cognizance dated 10.07.2014 passed by the Judicial Magistrate, 1st Class, Sadar Motihari in Kesaria P.S. Case No. 02 of 2014 (Tr. No. 5824 of 2014).
Considering that the Petitioner seeks quashing on disputed questions of fact which can not be gone into at the stage of Section 482 Cr.P.C., I am not inclined to interfere in the matter. The application stands dismissed.
(Anjana Prakash, J.)
Vikash/-
U T
1 issue framed by the court
Whether the High Court can quash the order of cognizance at the stage of Section 482 CrPC when disputed questions of fact have arisen.
1 provisions across 1 enactments
Himanshu Singh
The State of Bihar & Anr
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
