The High Court disposed of a quashing application against an order refusing cognizance. It directed the lower court to pass an appropriate order within four weeks and the investigating agency to conclude the investigation against other accused within two months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8774 of 2016
Arising Out of PS.Case No. -52 Year- 2013 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Md. Moshim Son of Md. Samijul alias Shamisul Resident of VillageHari Narayanpur, P.S.- Madhuban, District- East Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Mr. M.K.Khare (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 06-05-2016 The present application has been filed for quashing of the order dated 30.10.2015 passed by learned Additional Chief Judicial Magistrate-IV, East Champaran at Motihari, whereby the learned Chief Judicial Magistrate refused the prayer of the petitioner for passing the order of taking cognizance as the charge-sheet has been submitted against the petitioner.
The impugned order suggests that the investigation is pending against other co-accused, the order has not been passed and charge-sheet has been submitted against the petitioner. In view of the above, this Court is not precluded to pass any order on the order of taking cognizance. It is expected from the learned court
Patna High Court Cr.Misc. No.8774 of 2016 (2) dt.06-05-2016
2
below to pass the appropriate order within a period of four weeks from the date of receipt/production of a copy of this order.
It is also expected from the
Investigating Agency to conclude the investigation against other accused persons within a period of two months.
Accordingly, the quashing application
is disposed of.
(Dinesh Kumar Singh, J)
P.K./-
U T
1 issue framed by the court
Whether the High Court can exercise jurisdiction to pass an order regarding taking cognizance when the charge-sheet has been submitted against the petitioner despite pending investigation against co-a
Md. Moshim
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
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