The Patna High Court allowed Petitioner No.1's application to set aside an order in a caste-based case, finding his implication baseless. Petitioner No.2's application was dismissed as there were no reasons for interference.
Order dated 23.01.2013/04.03.2013 set aside for Petitioner No.1; application by Petitioner No.2 dismissed.
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.15272 of 2013
Arising Out of PS.Case No. -464 Year- 2011 Thana -SC SC PS District- VAISHALI(HAJIPUR) =========================================================== 1. Damodar Pandey S/O Late Kuldeep Pandey R/O Village - Mujampur, P.O. Narao, Police Station - Awatar Nagar, District - Saran ( Chapra ) 2. Shailesh Pandey S/O Damodar Pandey R/O Village - Mujampur, P.O. Narao, Police Station - Awatar Nagar, District - Saran ( Chapra )
.... .... Petitioners.
Versus 1. The State Of Bihar
.... .... Opposite Parties.
=========================================================== Appearance : For the Petitioners : Mr. Brij Kishore Mishra, Advocate For the Opposite Parties : Mr. Md. Sufiyan (App).
=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 18-04-2016
The petitioners seek quashing of the order dated 23.01.2013 / 04.03.2013, passed by the Chief Judicial Magistrate, Chapra, District-Saran in Hajipur SC/ST Police Station Case No. 464 of 2011, corresponding to U.T. No. 359 of 2013.
Considering the statement of the daughter of the informant that the Petitioner no.1 has been implicated only because he did not take action against his son, the application so far Petitioner no. 1 is concerned, is allowed and the order dated 23.01.2013/ 04.03.2013, passed by the Chief Judicial Magistrate, Chapra, DistrictSaran in Hajipur SC/ST Police Station Case No. 464 of 2011,
Patna High Court Cr.Misc. No.15272 of 2013 dt.18-04-2016
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corresponding to U.T. No. 359 of 2013 is hereby set aside.
So far as Petitioner No.2 is concerned, I see no reasons
for interference. Hence his application is dismissed.
(Anjana Prakash, J)
Prakash/-
U T
2 issues framed by the court
Whether to allow the application of Petitioner No.1 to quash the order implicating him due to his inaction regarding his son.
Whether to interfere with the order against Petitioner No.2.
Damodar Pandey
Shailesh Pandey
The State Of Bihar
Sujanti Devi
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
