Dismissed

Md. Moid Alam @ Md. Moid and Ors. v. The State Of Bihar

Patna HC7 Jul 2017CR. MISC./30167/2014

Case brief

AI extract

What is this about?

The Patna High Court dismissed a criminal Miscellaneous petition wherein petitioners sought quashing of an order by the Court of JudicialMagistrate taking cognizance for forming an unlawful assembly and committing assault, by holding the application lacked merit as the trial was at a fag end.

What did the court decide?

The application seeking quashing of the order dated 29.08.2013 passed by the CJM was dismissed.

Md. Moid Alam @ Md. Moid and Ors. Vs The State Of Bihar — Quashing and FIR | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30167 of 2014

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Arising Out of P.S.Case No. -77 Year- 2012 Thana -SHEIKHOPUR SARAI District- SEKHPURA

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======================================================

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Md. Moid Alam @ Md. Moid son of Late Hameed

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Md. Azhar Hussain @ Azhar Husain, son of Late Manzoor Alam

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Md. Majid

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Md. Rashid

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Danish, All sons of Md. Azhar Hussain

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Md. Mursheed

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Md. Rashid Both sons of Md. Moid Alam

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Kamal son of Md. Quamruddin

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Md. Aslam son of Late Shafi

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Md. Shamim son of Late Shafi All residents of village - Charuawan, P.S. Shekhopur Sarai, District - Shekhpura.

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.... .... Petitioners

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Versus

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The State of Bihar

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.... .... Opposite Party

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====================================================== Appearance :

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For the Petitioners : Mr. Md. Anisur Rahman, Advocate For the Opposite Party : Mr. Hunayu Ahmad Khan, APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER

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2 07-07-2017 Heard.

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2. Petitioners seek quashing of order dated 29.08.2013 passed by CJM, Shekhpura in G.R.No.1235 of 2012 arising out Shekhopur Sarai P.S.Case No.77 of 2012. The learned CJM as per above order took cognizance against the petitioners and summoned them to face trial for the offence under Sections 143, 144, 148, 149, 341,323, 324, 325, 504, 506 and 427 of the IPC.

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3 . The informant has alleged that on 27.11.2012 all the petitioners along with several others while returning after

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Patna High Court Cr.Misc. No.30167 of 2014 (2) dt.07-07-2017

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completing the procession of Tajia and reached near the house of the informant they started damaging the khapra of his house by lathi and saif . They abused the informant and assaulted with intention to commit his murder.

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4 . The learned counsel for the petitioners submits that on the date of occurrence they were carrying Tajia in a procession after taking permission from the administration. The informant and his men had also carried Tajia but without taking permission. On account of high handedness on the part of the informant occurrence of assault took place and both parties sustained injuries. The petitioners also lodged Sheokhopur Sarai P.S.78 of 2012 against the informant and others. The learned Magistrate without considering the material available on record and ascertaining the fact has passed the order in mechanical manner and so the impugned order is fit to be quashed. The learned lawyer for the informant as well as APP opposed the submissions.

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5 . The learned counsel for the informant submits that the trial before the court below is at the fag end and as many as five witnesses have been examined and the case is pending for evidence of remaining witnesses. The witnesses have supported the case at time of investigation and police have submitted chargesheet against the petitioners. The learned Magistrate on

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Patna High Court Cr.Misc. No.30167 of 2014 (2) dt.07-07-2017

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being satisfied with the materials on record rightly took cognizance of offence against the petitioners.

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6 . On going through the order of court below as well as written report, I find that there is a specific allegation that on the date of occurrence all the petitioners along with others formed an unlawful assembly. After completing the procession of Tajia they reached near the house of the informant and started damaging tiles of the roof of the informant. They also assaulted the informant and his men. The learned Magistrate after going through the statement of witnesses has rightly taken cognizance against the petitioners. It is not in dispute that the witnesses have already been examined and the trial is at the fag end of disposal.

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7 . In view of discussions made above, I do not find any merit in this application. This application is accordingly dismissed.

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(Sanjay Kumar, J)

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B.Kr./U T

Md. Moid Alam @ Md. Moid and Ors. v. The State Of Bihar

Case brief

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Md. Moid Alam @ Md. Moid and Ors. v. The State Of Bihar

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