The Patna High Court rejected the petitioner's plea to quash the order of cognizance under CrPC 482, stating that questions of fact cannot be examined at that stage. The court also directed the trial court to conclude the trial expeditiously.
The application for quashing was dismissed; the trial was directed to be concluded expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4624 of 2009 Arising Out of PS.Case No.766 Year- 2008 Thana -null District- VAISHALI(HAJIPUR) =========================================================== Rakesh Kumar Chaudhary S/o Sri Harishchandra Chaudhary, resident of Mohalla Bagmali, P.S. Town Hajipur, District Vaishali .... .... Petitioner/s Versus 1. The State of Bihar 2. Sunil Kumar Singh S/o late Baldeo Prasad Singh, R/o Mohalla Under Kila, P.S. Town Hajipur, District Vaishali .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. Md. Arshad, Advocate For the Opposite Party/s : Mr. Shailendra Kumar-2, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-07-2015
The Petitioner seeks quashing of the order of cognizance dated 14.5.2008 passed by the Judicial Magistrate, 1st class, Vaishali at Hajipur in connection with Complaint case No. C1-766 of 2008 (Trial No.2879 of 2008).
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.
The Trial Court is directed to conclude the trial expeditiously without granting unnecessary adjournments to any party.
The Counsel for the Complainant is present and
Patna High Court Cr.Misc. No.4624 of 2009 dt.17-07-2015
2/2
undertakes to produce the witnesses on the dates fixed by the Trial
Court.
(Anjana Prakash, J)
Narendra/-
U T
1 issue framed by the court
Whether the High Court can quash the order of cognizance when the petition raise questions of fact.
1 provisions across 1 enactments
Rakesh Kumar Chaudhary
The State of Bihar
Sunil Kumar Singh
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
