Petitioner challenged the Magistrate's order taking cognizance under IPC Section 406 via criminal miscellaneous petition. Court refused quashing, allowing petitioner to raise points during charge framing, and disposed of the petition.
Petition disposed of; liberty to raise points during charge framing.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13095 of 2013
Arising Out of PS.Case No. -283 Year- 2012 Thana -NALANDA COMPLAINT CASE DistrictNalanda at Biharsharif
=========================================================== Dayanand Singh, Son of Late Brahamdeo Singh, Resident of Village Fatehli, P.S. Deepnagar, District Nalanda.
.... .... Petitioner
Versus 1. The State of Bihar. 2. Awadhesh Prasad, Son of Sri Hari Prasad, resident of Devisarai, P.S. Deepnagar, District Nalanda. .... .... Opposite Parties =========================================================== Appearance : For the Petitioner : Mr. Pankaj Kumar, Advocate For the State : Mr. Jitendra Kumar Singh, APP For the O.P. No.2 : Mr. Raj Kishore Prasad, Advocate
===========================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 16-07-2015
Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the opposite party no.2.
Patna High Court Cr.Misc. No.13095 of 2013 dt.16-07-2015
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this Court is not inclined to interfere with the impugned order at this stage. The petitioner will be at liberty to raise all points appropriately at the time of framing of charges.
(Vikash Jain, J)
B.T/U T
1 issue framed by the court
Whether the High Court should interfere with the impugned order taking cognizance of the offence.
1 provisions across 1 enactments
Dayanand Singh
The State of Bihar
Awadhesh Prasad
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
