The High Court at Patna allowed the petitioner's application for quashing the order of cognizance in a complaints case involving theft and assault. The court found no reason to proceed further and set aside the impugned order.
Order of cognizance dated 09.12.2011 in Complaint Case No. 1400 of 2011 set aside.
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. 46777 of 2012
Arising Out of PS.Case No. -1400 Year- 2011 Thana -null District- Eastchamparan(Motihari) =========================================================== K.N. Sahay @ Keshwa Nandan Sahay .... .... Petitioner/s Versus State of Bihar & Anr. .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT
Date: 23-11-2015
No one appears on behalf of the petitioner.
The petitioner seeks quashing of the order of cognizance dated 09.12.2011 passed by the Judicial Magistrate, East Champaran at Motihari in Complaint Case No. 1400 of 2011.
The case of the complainant is that on the date of occurrence the accused persons variously armed committed theft of his personal property and also assaulted him.
The counsel for the petitioner submits that evidently the complaint is frivolous and appears to have been filed after he had filed a complaint against this complainant.
The submission of the complainant is that in fact no cognizance was taken in the complaint instituted by the petitioner as against which he moved the Revisional Court which directed further
Patna High Court Cr.Misc. No.46777 of 2012 dt.23-11-2015
2/2
enquiry but once again the case was dropped. Hence it does not appear that the present complaint has been filed in retaliation.
Having gone through the facts of the complaint petition I do no find good reason for the complainant to proceed further. Hence the application is allowed and the order dated of cognizance dated 09.12.2011 passed by the Judicial Magistrate, East Champaran at Motihari in Complaint Case No. 1400 of 2011 is hereby set aside.
(Anjana Prakash, J)
Prakash/U T
1 issue framed by the court
Whether the order of cognizance in PS Case No. 1400/2011 should be quashed on the grounds of frivolous complaint and retaliation.
K.N. Sahay @ Keshwa Nandan Sahay
State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
