The court dismissed the application seeking quashing of the order of cognizance under Section 482 CrPC. It held that the matter involved questions of fact which cannot be entertained at the quashing stage, leading to no interference.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31864 of 2015
Arising Out of PS.Case No. -54 Year- 2013 Thana -JANDAHA District- VAISHALI(HAJIPUR) =========================================================== 1. Dinesh Prasad Singh @ Dinesh Kumar Singh Son of Mahesh Prasad Singh Resident of village - Mukundpur, P.S. Jandaha, District - Vaishali .... .... Petitioner/s Versus 1. The State of Bihar 2. Ram Kumar Son of Kedar Nath Singh Resident of village - Mukundpur, P.S. Jandaha, District - Vaishali .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. Ram Lallan Singh, Advocate For the Opposite Party/s : Mr. Upendra Kumar, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 20-07-2015 The Petitioner seeks quashing of the order of cognizance dated 6.2.2015 passed by the A.C.J.M., Vaishali at Hajipur in connection with Jandaha P.S. case No.54 of 2013. Considering that the Petitioner seeks quashing on questions of fact which cannot be gone into at the stage of 482 Cr.P.C, I am not inclined to interfere in the matter.
The application is dismissed.
(Anjana Prakash, J)
Narendra/-
U T
1 issue framed by the court
Whether the High Court can quash the order of cognizance as it raises questions of fact triable only on merits.
1 provisions across 1 enactments
Dinesh Prasad Singh @ Dinesh Kumar Singh
The State of Bihar
Ram Kumar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
