Allowed

Shyam Sunder Agrawal and Ors. v. the State of Bihar and Anr.

Patna HC25 Apr 2016CR. MISC./5303/2011

Case brief

AI extract

What is this about?

In a brief oral judgment, the High Court of Patna allowed a criminal miscellaneous petition quashing the order of cognizance passed by the Chief Judicial Magistrate. The court set aside the criminal proceedings against the petitioners.

What did the court decide?

Order of cognizance dated 20.11.2010 passed by the Chief Judicial Magistrate, Kishanganj in Kishanganj P.S. Case No. 44 of 2010 (G.R. No. 166 of 2010) set aside.

Shyam Sunder Agrawal and Ors. Vs the… — Constitutional and Fundamental Rights | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No. 5303 of 2011

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Arising out of P.S. Case No. -44 Year- 2010 Thana - Kishanganj District- KISANGANJ

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Shyam Sunder Agrawal S/o Jagdish Narayan Agarwal Resident of Mahavir Marg, Near Gurudwara, P.S and Distt- Kishanganj.

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Ramesh Rai S/o Prayag Rai Resident of Porter Rest House, Kishanganj Railway Station Compound, P.S and Distt Kishanganj.

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Manoj Paswan S/o Nathani Paswan Resident of Porter Rest House, Kishanganj Railway Station Compound, P.S and Distt Kishanganj.

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Ashok Paswan @ Ashok Rai, S/o Late Raghunandan Rai Resident of Porter Rest House, Kishanganj Railway Station Compound, P.S. and Distt Kishanganj.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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Indranand Jha S/o Late Chuhanand Jha R/o Vill- Barahkumba, P.S- Palasi, Distt- Araria. At Present Residing At Railway Colony P.S And Distt- Kishanganj.

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

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Appearance :

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For the Petitioner/s : Mr. Radha Mohan Singh, Adv. For the Opposite Party/s: Mr. APP.

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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT

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Date: 25-04-2016

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The Petitioners seek quashing of the order of cognizance dated 20.11.21010 passed by the Chief Judicial Magistrate, Kishanganj in Kishanganj P.S. Case No. 44 of 2010 (G.R. No. 166 of 2010).

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The case of the Informant is that he was not paid salary as per the agreement and when he demanded the same he was assaulted and thrown out of the temple.

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It has been submitted on behalf of the Petitioners

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Patna High Court Cr.Misc. No.5303 of 2011 dt.25-04-2016

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that even conceding the allegations in the First Information

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Report no criminal offence would be made out and the continuance of the prosecution is a gross abuse of the process of the Court.

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Having considered the nature of allegations, the entire proceeding as against all the accused persons including the order of cognizance dated 20.11.21010 passed by the Chief Judicial Magistrate, Kishanganj in Kishanganj P.S. Case No. 44 of 2010 (G.R. No. 166 of 2010) is, hereby, set aside.

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The Application stands allowed.

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(Anjana Prakash, J.)

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Vikash/-

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AFR/NAFR	NAFR
CAV DATE	X
Uploading Date	10.05.2016
Transmission Date	10.05.2016

Shyam Sunder Agrawal and Ors. v. the State of Bihar and Anr.

Case brief

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Shyam Sunder Agrawal and Ors. v. the State of Bihar and Anr.

Case brief

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