Criminal Miscellaneous application filed to set aside an order taking cognizance of an offence was dismissed as the trial had already progressed with two witnesses examined.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29296 of 2014
Arising Out of PS.Case No. -392 Year- 2011 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS)
====================================================== 1. Vishal Kumar Son of Sri Brij Bihari Prasad 2. Brij Bihari Prasad Son of Late Damari Sah
.... .... Petitioners
Versus
.... .... Opposite Parties ====================================================== Appearance : For the Petitioners : Mr. Jitendra Prasad Singh, Advocate Mr. Arvind Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ashok Kr. Singh No.1 (App)
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
5 29-08-2017 The petitioners have filed this application for setting aside order dated 18.5.2013 passed by Judicial Magistrate-1st Class, Rohtas at Sasaram in Complaint Case No.392 of 2011 thereby taking cognizance of the offence under Sections 453, 385 and 504 of the Indian Penal Code.
Learned counsel for the petitioners submits that there is a land dispute going on between the both sides and a title suit is also pending and this case is predominantly of civil nature.
Having gone through the contents of the allegation levelled in the complaint it is not that no offence is made out,
Patna High Court Cr.Misc. No.29296 of 2014 (5) dt.29-08-2017
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moreover, the report of the court below shows that now two witnesses have already been examined during the trial, so this application for the said reason is dismissed.
(Arun Kumar, J)
N.H./-
U T
Vishal Kumar
Brij Bihari Prasad
Bishwas Kumar
The State of Bihar
Rajendra Prasad
Arun Kumar
As recorded by the court registry
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