Allowed

Dilip Kumar Mandal v. State Of Bihar and Anr.

Patna HC10 May 2016CR. MISC./27127/2014

Case brief

AI extract

What is this about?

The High Court at Patna allowed the application for quashing the judicial magistrate's order of cognizance in a complaint case regarding the alleged non-return of a bicycle, setting aside the proceedings due to residency discrepancies and custody status.

What did the court decide?

The proceeding including the order of cognizance dated 5.8.2000 passed by the Judicial Magistrate in Complaint case No.995 of 2000 was set aside.

Dilip Kumar Mandal Vs State Of Bihar and Anr. — Patna HC (2016) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.27127 of 2014

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Arising Out of PS.Case No. -995 Year- 2000 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR

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=========================================================== 1. Dilip Kumar Mandal S/o Malhu Mandal, Resident of Bela Shankar, P.S. University, District Darbhanga.

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.... .... Petitioner/s Versus

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The State of Bihar.

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Mani Mandal S/o Kishore Mandal, Resident of Sakarwara, P.S. Gaighat, District Muzaffarpur, Present address resident of Brahmpura, P.S. Brahmpura, District Muzaffarpur.

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.... .... Opposite Party/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Das, Advocate For the Opposite Party/s : Mr. Nirmal Kr. Sinha, APP

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=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 10-05-2016

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The Petitioner seeks quashing of the order of cognizance dated 5.8.2000 passed by the Judicial Magistrate, 1^st class, Muzaffarpur in Complaint case No.995 of 2000 corresponding to Trial No.2654 of 2013.

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The case of the Complainant is that on the date of occurrence the Petitioner borrowed his bicycle but did not return him and hence the present Complaint.

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It has been submitted that the Petitioner lives in Darbhanga, whereas the present occurrence is said to have taken place in Muzaffarpur which is improbable. Moreover Annexures 2 and 3 reveal that at that point in time the Petitioner was in judicial custody

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Patna High Court Cr.Misc. No.27127 of 2014 dt.10-05-2016

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2/2

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in connection with another case at Darbhanga.

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On the last occasion, notices had been issued to the Opposite Party No.2 but none appears on his behalf.

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Considering the aforesaid, the application is allowed and the proceeding including the order of cognizance dated 5.8.2000 passed by the Judicial Magistrate, 1^st class, Muzaffarpur in Complaint case No.995 of 2000 corresponding to Trial No.2654 of 2013 is hereby set aside.

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(Anjana Prakash, J)

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Narendra/-

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AFR/NAFR NAFR CAV DATE Uploading Date17.05.2016 Transmission 17.05.2016 Date

Dilip Kumar Mandal v. State Of Bihar and Anr.

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Dilip Kumar Mandal v. State Of Bihar and Anr.

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