In a criminal revision, the High Court at Patna examined the order setting aside a summons for a party. Finding no illegality in the challenged order, the court dismissed the petition seeking quashing.
The application seeking quashing of the order setting aside the summons was dismissed.
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.4923 of 2014
Arising Out of Complaint Case No.1532C Year- 2008 District- KHAGARIA ====================================================== Nisant Kumar, Son Of Yogendra Kumar @ Yogendra Kumar Das, Resident Of Village - Rajendra Nagar, Abhash Board, Police Station - Chitragupta Nagar (Khagaria), District- Khagaria. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Kamleshwari Prasad Yadav, Son Of Late Tisi Yadav, Resident Of Village - Chandra Nagar ( Ranko), Police Station - Mufassil, DistrictKhagaria.
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Md. Najmul Hodda, Adv. For the State : Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 5 05-12-2014 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 29.11.2013 passed by the 1st Adhoc Additional Sessions Judge, by which he has in Criminal Revision No. 113 of 2012 set aside the order dated 11.10.2012 passed by the Judicial Magistrate, 1st Class, Khagaria, by which he had summoned the Opposite Party No. 2. Having considered the impugned order, I find no illegality in the same.
The application stands dismissed.
(Anjana Prakash, J)
S.Ali/-
U T
1 issue framed by the court
Whether the order summoning the opposite party by the Judicial Magistrate contains any illegality warranting its setting aside?
Nisant Kumar
The State Of Bihar
Kamleshwari Prasad Yadav
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
