Petitioner challenged the Magistrate's order taking cognizance under Sections 341, 323, 353 and 504 IPC. Court found specific overt acts and prima facie case. Application dismissed; trial to proceed.
Application dismissed. Court directed to proceed with trial in accordance with law.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17471 of 2014
Arising Out of PS.Case No. -486 Year- 2013 Thana -FORBESGANJ District- ARRARIA
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.... .... Petitioner/s Versus
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 11-09-2017
This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 22.03.2014 passed by the Chief Judicial Magistrate, Araria, in Forbesganj P.S. Case No.486 of 2013, by which the Court below has taken cognizance against the petitioner under Sections 341, 323, 353, 504 Indian Penal Code.
As per written report, this Court finds that there is specific allegation against this petitioner of entering into school, misbehaving with the Headmaster of the school and also giving threat of dire consequences. The Court below has taken cognizance under Section(s) 341, 323, 353, 504 Indian Penal Code.
Heard learned counsel for the petitioner and the learned
Patna High Court Cr.Misc. No.17471 of 2014 dt.11-09-2017
2/2
APP.
Counsel for the petitioner has submitted that the police after investigation had submitted Final Form, but the Court below after differing from Final Form has taken cognizance against the petitioner.
From the allegation in the written report itself, this Court finds that there is specific allegation of overt act alleged against this petitioner. Accordingly, there is prima facie case for taking cognizance against the petitioner. The Court below has mentioned in the impugned order that from perusal of the case diary prima facie case is made out against the petitioner for the offence under Section(s) 341, 323, 353, 504 Indian Penal Code.
Therefore, this Court does not find any illegality in the impugned order dated 22.03.2014 passed by the Chief Judicial Magistrate, Araria, in Forbesganj P.S. Case No.486 of 2013.
The application is, accordingly, dismissed.
The Court below is directed to proceed with the trial in
accordance with law.
(Sanjay Priya, J)
J.Alam/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | **N/A ** |
| UploadingDate | 19-09-2017 |
| Transmission Date |
19-09-2017 |
2 issues framed by the court
Whether the High Court should quash the order of cognizance passed by the Chief Judicial Magistrate for offences under Sections 341, 323, 353 and 504 IPC.
Whether the prima facie case made out against the petitioner based on alleged overt acts justifies taking cognizance.
5 provisions across 2 enactments
Vishwanath Mehta
The State of Bihar
Jai Prakash Mehta
Sanjay Priya
J Alam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
