The Patna High Court dismissed an application under Section 482 CrPC seeking to quash criminal proceedings. The court held that no illegality existed in the lower court's finding of a prima facie case.
The pending petition under Section 482 CrPC was dismissed, refraining the magisterial proceedings.
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.16732 of 2014
Arising Out of PS.Case No. -1359 Year- 2011 Thana -DARBHANGA COMPLAINT CASE District- DARBHANGA
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Yogendra Kumar (App)
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 07.03.2013 passed by the learned Judicial Magistrate, 1st Class, Darbhanga in Complaint Case no. 1359 C of 2011 by which the learned Magistrate has, after enquiry, found prima facie case for the offences under Sections 323 and 504 of the Indian Penal Code against the petitioners.
3 11-07-2017
It has been submitted on behalf of the petitioners that the complainant has lodged this case on the instigation of exMukhia to grab the land. The complainant has also filed Title Suit No. 24 of 2011 against the Electrical Engineer including these petitioners, which is still pending in the Court of learned MunsifIst, Darbhanga. It has further been submitted that petitioner no.1 is a practicing advocate and petitioner no.2 is the Deputy Commandant in C.R.P.F., who is at present posted at Nanded
Patna High Court Cr.Misc. No.16732 of 2014 (3) dt.11-07-2017
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(Mahaarastra).
Learned counsel for opposite party no.2 has appeared and submitted that the grounds taken by the petitioners in this petition may be taken at the time of framing of charge.
From the impugned order it appears that the learned Magistrate after recording S.A. of complainant and the statements of the witnesses has found, prima facie, case against the petitioners on the basis of material available on the record.
Therefore, this court does not find any illegality in the impugned order dated 07.03.2013 passed by the learned Judicial Magistrate, 1st Class, Darbhana in Complaint Case No. 1359 C of 2011.
This application is, accordingly, dismissed.
It is needless to say that Sections 323 IPC and 504 IPC are compoundable. The parties, if so advised, may file compromise petition, which shall be considered by the court below in accordance with law.
(Sanjay Priya, J)
singh/-
U T
2 issues framed by the court
Whether Section 482 CrPC application for quashing criminal proceedings should be allowed on grounds of land dispute.
Whether the learned Magistrate correctly found a prima facie case for offences under Sections 323 and 504 IPC.
2 provisions across 2 enactments
Prashant Kumar Choudhary
Nishant Kumar Choudhary
State of Bihar
Ramanand Choudhary
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
