Allowed

Avinash Kushwaha v. State Of Bihar and Anr.

Patna HC18 Dec 2014CR. MISC./50652/2014

Case brief

AI extract

What is this about?

This court allowed the application for quashing an order dated 9.9.2013 in a criminal complaint case. The impugned order was set aside because the Magistrate issued summons against the petitioner despite finding a prima facie case against the petitioner's father, not the petitioner.

What did the court decide?

The impugned order dated 9.9.2013 and subsequent orders in Complaint Case No. 108 of 2013 were quashed, and the matter was remanded for fresh orders.

Avinash Kushwaha Vs State Of Bihar and Anr. — Quashing and FIR | Patna HC (2014)

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Patna High Court Cr.Misc. No.50652 of 2014 (2) dt.18-12-2014

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	IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50652 of 2014
	Arising Out of PS.Case No. -108 Year- 2013 Thana -ROHTAS COMPLAINT CASE District- SASARAM (ROHTAS) ======================================================
	Avinash Kushwaha son of Raju Ram Kushwaha, R/o village/ Mohalla- House No. 139A, Baika Bagh, P.s.- Kidganj, District- Allahabad, U. P. .... .... Petitioner Versus 1. State of Bihar 2. Ram Niwas Singh, son of Ram Snehi Singh, R/o village- Ganguli, P.S.– Dalmia Nagar, District- Rohtas .... .... Opposite Parties ======================================================
	Appearance : For the Petitioner/s : Mr. Sandip Singh For the Opposite Party/s : Mr. Arun Kr. Pandey (App) ======================================================
	CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
2	18-12-2014 The instant application has been filed for quashing
	the order dated 9.9.2013 passed in Complaint Case No. 108 of
	2013 whereby and whereunder the learned Judicial Magistrate has
	passed the order for issuance of summons after finding prima facie
	case to be made out against the father of the petitioner and accordingly order has been issued to issue summons but summons
	has been issued against the petitioner.
	From perusal of the impugned order dated 9.9.2013
	it is apparent that the learned Magistrate has found prima facie
	case to be made out against the accused Raja Ram Kushwaha
	though Raja Ram Kushwaha is not the accused in the complaint
	petition and he is the father of accused Avinash Kushwaha.

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Patna High Court Cr.Misc. No.50652 of 2014 (2) dt.18-12-2014

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Thus, the impugned order dated 9.9.2013 passed in

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Complaint Case No. 108 of 2013 being illegal on this ground alone is fit to be set aside and accordingly, it is set aside and the subsequent orders passed in Complaint Case No. 108 of 2013 pending in the court of Shri Sanjay Kumar Singh II, J. M. Ist Class, Dehri, Rohtas are also hereby quashed.

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The learned Magistrate is directed to pass order

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afresh after considering the facts and law involved in the case.

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In the result, the instant application is allowed with aforesaid directions.

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(Jitendra Mohan Sharma, J)

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avin/-

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U T

Avinash Kushwaha v. State Of Bihar and Anr.

Case brief

What is this about?

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Avinash Kushwaha v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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