Dismissed
Ranjeet Singh and Ors. v. State Of Bihar and Anr.
Patna HCCR. MISC./22425/2016
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COURT OF JUDICATURE AT PATNA Criminal…
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22425 of 2016
Arising Out of PS.Case No. -686 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== 1. Ranjeet Singh, Son of Late Saryug Singh 2. Ravi Kumar, son of Ranjeet Singh 3. Akhilanand Singh, son of Late Ram Chandra Singh 4. Durga Paswan, son of Late Narayan Paswan 5. Tantu Paswan, son of Durga Paswan 6. Anuj Paswan, son of Late Nanhak Paswan All residents of village + P.S.- Shahpur, District- Patna .... .... Petitioners Versus 1. The State of Bihar 2. Ranjit Kumar, son of Sri Jayprakash Rai, resident of village & P.S.Shahpur, District- Patna .... .... Opposite Parties. ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2 01-08-2016 Heard Sri Pramod Kumar, learned counsel for the petitioners and Sri Parmeshwar Mehta, learned Addl. Public Prosecutor. The present petition has been filed with a prayer to quash an order dated 02.09.2015 passed by the learned Judicial Magistrate, 1st Class, Danapur in Complaint Case no.686 ( C) of 2014. By the said order, the learned Magistrate, Danapur has taken cognizance of offence under Section 323 of the Indian Penal Code. It was firstly argued that the order of cognizance is liable to be set aside on the ground that as per complaint, date of
Patna High Court Cr.Misc. No.22425 of 2016 (2) dt.01-08-2016
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occurrence was of 11.06.2014, whereas complaint was filed after six days i.e. 17.06.2014 without any explanation. He submits that series of litigation in between the parties are going on. On this ground, a prayer has been made to quash the impugned order.
The Court is of the opinion that such point cannot
be examined here. The petition stands dismissed.
(Rakesh Kumar, J)
NKS/-
U
1 issue framed by the court
Whether the High Court can examine the delay in filing the complaint at this stage.
Ranjeet Singh and others
The State of Bihar and others
Rakesh Kumar
As recorded by the court registry
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