The High Court disposed an application seeking quashing of a cognizance order based on oral allegations and set aside concurrent complaints and the order of cognizance.
The order of cognizance and the proceedings of Complaint Case Nos. 344 of 2012 and 2347 of 2012 were set aside.
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Patna High Court Cr.Misc. No.16941 of 2013 dt.09-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16941 of 2013
Arising Out of PS.Case No. -344 Year- 2012 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI)
.... .... Petitioner/s
Versus
1. The State Of Bihar.
.... .... Opposite Party/s
=========================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 09-05-2016
The petitioner seeks quashing of the order of cognizance dated 22.12.201 passed by the Chief Judicial Magistrate, East Champaran at Motihari in Chakia P.S. Case No. 344 of 2012.
The case of the complainant/informant is that the parties were well known to each other and on demands of the petitioner for getting him a job, he had paid a certain amount which he did not return nor did he procure him a job and hence the present complaint.
From submission of the petitioner it appears that he had instituted Complaint Case No. 2347 of 2012 on 29.08.2012 of similar nature and it is thereafter the present complaint was filed with trumped of charges.
Patna High Court Cr.Misc. No.16941 of 2013 dt.09-05-2016
Considering that both the complaints are based on oral allegation, the application is disposed off and the proceedings of Chakia P.S. Case No. 344 of 2012 including the order of cognizance dated 22.12.201 in Complaint Case No. 2574 of 2012 passed by the Chief Judicial Magistrate, East Champaran as also the proceedings of Complaint Case No. 2347 of 2012 are hereby set aside.
(Anjana Prakash, J)
Prakash/U T
Vikash Kumar Pandey
The State Of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
