Justice Anjana Prakash dismissed a petition for quashing an order of cognizance, observing that disputed questions of fact preclude interference at this stage.
Application dismissed; trial court directed to expedite trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 27329 of 2011
======================================================== Appearance :
For the Petitioner/s : Ms. Madhuri Lata, Adv. For the Opposite Party/s: Mr. D.P. Tiwary, APP.
======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT
Date: 23-11-2015
The Petitioner seeks quashing of the order of cognizance dated 18.04.2007 passed by the Judicial Magistrate, 1st Class, Kaimur at Bhabhua in Complaint Case No. 12 of 2007 (Tr. No. 1478 of 2008).
Considering that the Petitioner seeks quashing on disputed questions of fact which can not be gone into at this stage, I am not inclined to interfere in the matter.
The Application is dismissed.
The Trial Court is directed to expedite the trial and conclude the same without granting unnecessary adjournment to any party.
(Anjana Prakash, J.)
Vikash/-
U T
1 issue framed by the court
Whether the petition seeking quashing of the impugned order of cognizance can be allowed where it raises disputed questions of fact.
Santosh Kumar Rai
Paras Rai
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
