In this criminal miscellaneous petition, the Patna High Court rejected the applicants' plea to quash CJM Patna's order of 19.02.2014. Based on strong allegations of assault and snatching in the underlying case, the bench found no merit in the application and dismissed it.
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.25666 of 2014
Arising Out of PS.Case No. -403 Year- 2013 Thana -KADAMKUAN District- PATNA
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.... .... Petitioners
Versus
.... .... Opposite Parties
====================================================== Appearance :
For the Petitioners : Mr. Dhananjay Kumar Tiwary, Advocate For the State : Mr. Binod Kumar, APP For the O.P.No.2 : Mr. Navin Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER
2. The petitioners seek quashing of order dated 19.02.2014 passed by CJM, Patna in G.R.No.6376 of 2013 arising out of Kadam Kuan P.S.Case No.403 of 2013. The learned CJM, Patna as per above order took cognizance under Sections 147, 448, 323, 379 and 504 of the IPC against the petitioners.
3 . On perusal of impugned order and complainant petition, I find that specific allegation against these petitioners is that on 21.10.2013, they assaulted the informant on his head by iron rod and when his wife and sister came for his rescue, they were also assaulted by the accused persons. They further snatched
Patna High Court Cr.Misc. No.25666 of 2014 (3) dt.05-07-2017
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gold chain from the neck of his sister. The matter was investigated and police submitted charge sheet under the aforesaid Sections. The learned Magistrate after going through the case diary took cognizance against the petitioners.
4. In view of discussions made above, I do not find any merit in this application. This application is devoid of merit and, is, accordingly dismissed.
(Sanjay Kumar, J)
B.Kr./-
U T
2 issues framed by the court
Whether the quashing of CJM order dated 19.02.2014 taking cognizance under various IPC sections is meritorious.
Whether specific allegations of assault and snatching in the complainant petition warrant dismissal of the application.
Prakash Kumar and Ors.
The State of Bihar and Nilmani Kumar
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
