This Criminal Miscellaneous application sought to quash an order issuing process for criminal offences. The Court found sufficient material for the order and found no scope for interference, dismissing the application.
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Patna High Court Cr.Misc. No.30964 of 2014 (2) dt.23-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30964 of 2014
Arising Out of PS.Case No. -48 Year- 1998 Thana -GOPALGANJ COMPLAINT CASE District-
GOPALGANJ
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Rita Verma, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
2 23-08-2017 This application has been filed for quashing the order dated 21.02.1998 issuing process for the offences under Sections 147, 323 and 379 of the Indian Penal Code by the Sub-Divisional Judicial Magistrate, Gopalganj in Case No. 48 of 1998, Tr. No. 350 of 2011.
Counsel for the petitioners submits that it is quite improbable that father and son shall join in such offence. He further submits that the informant and the accused persons are known to each other and that the criminal case has been filed on extraneous consideration.
Perusal of the complaint shows that prima facie there
Patna High Court Cr.Misc. No.30964 of 2014 (2) dt.23-08-2017
was sufficient material before the Court below for issuing process against the accused persons.
Hence, this court finds no scope for interference with the impugned order dated 21.02.1998 passed by the Court of SubDivisional Judicial Magistrate, Gopalganj in Case No. 48 of 1998, Tr. No. 350 of 2011. However, it would be open to the petitioner to raise his points and grievances at the appropriate stage during course of Trial.
In view of the aforesaid, this application stands disposed off.
(Madhuresh Prasad, J)
Prakash/-
U T
1 issue framed by the court
Whether there is sufficient scope to interfere with the order issuing process for offences under the Indian Penal Code.
1 provisions across 1 enactments
Dastgir @ Sagir
Md. Alamgir @ Alamgir
The State of Bihar
Mahmood Alam
MADHURESH PRASAD
As recorded by the court registry
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