Dismissed

Asha Kumari and Ors. v. State Of Bihar and Anr.

Patna HC16 Jul 2015CR. MISC./13049/2013

Case brief

AI extract

What is this about?

The High Court of Patna heard a Criminal Miscellaneous petition seeking to quash orders of cognizance and revision in a PS case involving offences under the IPC. The bench found no infirmity in the lower court orders and disposed of the petition.

What did the court decide?

Petition disposed of with liberty to raise all points at the appropriate stage before the learned court below.

Asha Kumari and Ors. Vs State Of Bihar and Anr. — Criminal Trial and Appeal | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.13049 of 2013

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Arising Out of PS.Case No. -24 Year- 2012 Thana -KAKO District- -

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=========================================================== 1. Asha Kumari D/O Jaynandan Yadav Resident Of Village And P.O.Mansurchak, P.S.- Kako (Bhelawar), District- Jehanabad 2. Babita Devi W/O Devnandan Yadav Resident Of Village And P.O.- Mansurchak, P.S.- Kako (Bhelawar), District- Jehanabad 3. Gita Devi W/O Surender Yadav Resident Of Village And P.O.- Mansurchak, P.S.- Kako (Bhelawar), District- Jehanabad 4. Ritu Devi W/O Jaynandan Yadav Resident Of Village And P.O.- Mansurchak, P.S.- Kako (Bhelawar), District- Jehanabad

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Dharmender Yadav S/O Jaynandan Yadav Resident Of Village And P.O.Mansurchak, P.S.- Kako (Bhelawar), District- Jehanabad

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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Ramchandra Yadav S/O Ram Briksh Yadav Resident Of Village And P.O.Mansurchak, P.S.- Kako (Bhelawar), District- Jehanabad

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.... .... Opposite Party/s

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=========================================================== Appearance :

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For the Petitioner/s : Mr. Amit Prakash, Advocate For the Opposite Party/s : APP

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=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 16-07-2015

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Heard learned counsel for the petitioners and learned

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APP for the State.

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The present petition has been filed for quashing the order dated 05.07.2012 passed by the learned Chief Judicial Magistrate, Jehanabad as also the revisional order dated 28.01.2013 passed by the learned District & Sessions Judge, Jehanabad in Cr. Revision No. 22 of 2012 upholding the order dated 05.07.202 passed by the learned Chief Judicial Magistrate, Jehanabad, in connection

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Patna High Court Cr.Misc. No.13049 of 2013 dt.16-07-2015

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with Kako P.S. Case No. 24 of 2012 for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 427 and 337 of the Indian Penal Code..

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According to the prosecution story, several persons including these petitioners assaulted the informant and his family members with farsa, lathi, danda and brickbats. As a result the informant sustained injury on his head and so also his wife, who came to his rescue as well as his son Bhushan, who has also assaulted.

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It is submitted on behalf of the petitioners that they have been falsely implicated by reason of previous enmity between the parties due to land dispute as stated in the fardbeyan itself which has led to all these petitioners named in the FIR. It is further submitted that after due investigation the police submitted final report showing the petitioners to be innocent, though cognizance has been taken differing from final report.

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A perusal of the impugned order of cognizance discloses that the learned Chief Judicial Magistrate has duly taken into consideration the First Information Report, the materials on record and the case diary on the basis of which a prima facie case has been found against the accused.

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In that view of the mater, this Court finds no infirmity in the impugned order of cognizance.

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Patna High Court Cr.Misc. No.13049 of 2013 dt.16-07-2015

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The petition stands disposed of with liberty to the petitioners to raise all points at the appropriate stage before the learned Court below.

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(Vikash Jain, J)

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Chandran
U T

Asha Kumari and Ors. v. State Of Bihar and Anr.

Case brief

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Asha Kumari and Ors. v. State Of Bihar and Anr.

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