Dismissed

Santosh Kumar v. State Of Bihar and Anr.

Patna HC9 Jul 2015CR. MISC./12693/2013

Case brief

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What is this about?

The Patna High Court granted an oral judgment dismissing a civil miscellaneous petition filed by Santosh Kumar seeking quashing of a Chief Judicial Magistrate order. The order had taken cognizance of offences under Sections 420, 406 IPC and Section 138 NI Act. The court declined to interfere, finding a prima facie case.

What did the court decide?

Order dated 01.02.2013 taking cognizance of offences under Sections 420, 406 IPC and Section 138 NI Act was not quashed.

Santosh Kumar Vs State Of Bihar and Anr. — Cheque Dishonour | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.12693 of 2013

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Arising Out of PS.Case No. -1127 Year- 2012 Thana –BHABHU (KAIMUR) COMPLAINT CASE DISTRICT- - KAIMUR (BHABUA) =========================================================== Santosh Kumar son of Late Shayam Kishore resident of Village Plot No. 204, Mabika Nandan Complex, East Patel Nagar, Patna behind B. Bhattacharya, Near HDFC Bank ATM, P.S.- Shahtrinagar, P.O.- Patel Nagar, District- Patna .... .... Petitioner Versus 1. The State of Bihar 2. Mahendra Sah son of Sri Basget Sah resident of Village- Ruiya, P.O.- Drouli, P.S.- Bhabua, District- Kaimur (Bhabua) Bihar .... .... Opposite Parties =========================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar @ Manu, Mr. Parwej Khan, Advocates For the state : Mr. Jitendra Kumar Singh, APP For O.P. No.2 : Mr. Anjani Kumar Sinha No.1, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 09-07-2015

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Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the opposite party no.2.

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The present petition has been filed for quashing the order dated 01.02.2013 passed in Complaint Case No.1127(c)/2012 by which the learned Chief Judicial Magistrate, Kaimur at Bhabua has taken cognizance of offences under Sections 420, 406 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act and directed issuance of process against the petitioner.

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Considering the stage of the case and also that a prima facie case has been found against the petitioner having regard to the accusations in the complaint and the materials available on record,

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Patna High Court Cr.Misc. No.12693 of 2013 dt.09-07-2015

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2/2

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this Court is not inclined to interfere with the impugned order at this stage. 4. The petition accordingly stands dismissed.

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(Vikash Jain, J)

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B.T/-
U T

Santosh Kumar v. State Of Bihar and Anr.

Case brief

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Santosh Kumar v. State Of Bihar and Anr.

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