Repealed order of decision dated 11-02-2016 dismissed application. Trial court had quashing of cognizance. Court declined to entertain application cannot proceed without application in Art. 226 of Constitution Pending decision on application for stay of execution.
Application rejected; trial court directed to expedite trial.
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Patna High Court Cr.Misc. No.7441 of 2014 dt.11-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7441 of 2014
Arising Out of PS.Case No. -835 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA
=========================================================== Mritunjay Kumar S/O Ramanand Singh Resident Of Village- Sarava Bhadasra, P.S.- Bikram, District- Patna
.... .... 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: 11-02-2016
The petitioner seeks quashing of the order of cognizance dated 02.11.2013 passed by the Judicial Magistrate 1st Class, Danapur in Complaint Case No. 835C of 2013 on facts which cannot be gone into at the stage of 482 Cr.p.C.
The application stands rejected with direction to the trial Court to expedite the trial without granting any unnecessary adjournment to any party.
(Anjana Prakash, J)
Prakash/-
U T
1 issue framed by the court
Whether quashing of order of cognizance can be granted with application under Section 482 Cr.p.C..
Mritunjay Kumar
The State Of Bihar
Raj Kishore Singh
Anjana Prakash
As recorded by the court registry
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