In a criminal miscellaneous petition, the High Court held it non-maintainable as the petitioner was not initially named in the complaint despite being listed as a local surpanch, though he was later identified as an accused.
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.35931 of 2013
Arising Out of PS.Case No. -618 Year- 2012 Thana -COMPLAINT CASE District- KISANGANJ
====================================================== BACHCHA LAL RAI @ BENGU S/O LATE THOPA LAL RAI RESIDENT OF VILLAGEPARLABARI, NAYABASTI, P.S.PAHARKATTA, DISTRICT- KISHANGANJ
.... .... PETITIONER/S
VERSUS
.... .... OPPOSITE PARTY/S
====================================================== Appearance: For the Petitioner/s : Mr. Sarangdhar Jha, Adv. For the Opposite Party/s : Mr. Suresh Pd. Singh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor. None appeared on behalf of O.P. No.2 in spite of having properly noticed.
3 22-12-2016
Petitioner unnecessarily rushed this Court under the garb of Section 482 Cr.P.C. in the background of the fact that his name does not find place in the complaint petition. One Bengu whose identification has been made as a Surpanch stood at Sl.No.15 of column of accused but as the petitioner does not happen to be Surpanch, on account thereof petitioner, for the present, would not feel apprehensive and that being so, instant petition is found non-maintainable and is accordingly
Patna High Court Cr.Misc. No.35931 of 2013 (3) dt.22-12-2016
2
dismissed. However, petitioner is identified subsequently as an accused at the end of the complainant then in that event, petitioner will be at liberty to take proper step as provided under the law.
(Aditya Kumar Trivedi, J.)
Prakash Narayan U T
Bachcha Lal Rai @ Bengu
The State of Bihar
Saheba Khatoon
Aditya Kumar Trivedi
As recorded by the court registry
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