The Patna High Court dismissed a criminal miscellaneous application seeking to quash proceedings under Section 482 Cr.P.C. The Court held that sufficient allegations existed to sustain the offences charged in the complaint, leaving no occasion for exercising inherent jurisdiction.
Application under Section 482 Cr.P.C. dismissed.
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.30967 of 2014
Arising Out of PS.Case No. -1317 Year- 2012 Thana -MADHUBANI COMPLAINT CASE District-
MADHUBANI
======================================================
All Resident of village- Pachhamha Tola North R.K. College Ward No.-11, Police Station- Madhubani, District- Madhubani
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Md. Soban Asghar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Jha, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
On 28.08.2014 the respective counsels were directed
4 09-08-2017
to make an attempt in their Chambers for settlement of the issue. Today both the parties are present and it is submitted that no settlement could be arrived at.
On going through the allegations made in the complaint petition, it appears that sufficient allegations are there to make out the ingredients for offences for which the cognizance has been taken by the Court of Sub-Divisional Judicial Magistrate, Madhubani in Complaint Case No. 1317 of 2012.
Patna High Court Cr.Misc. No.30967 of 2014 (4) dt.09-08-2017
2/2
In view of the aforesaid, there is no occasion for exercising the jurisdiction under Section 482 Cr.P.C. Accordingly, the application is dismissed.
(Madhuresh Prasad, J)
Prakash/-
U T
2 issues framed by the court
Whether the High Court should exercise its inherent jurisdiction under Section 482 Cr.P.C. to quash criminal proceedings.
Whether the allegations in the complaint were sufficient to make out the ingredients of the offences.
1 provisions across 1 enactments
Nisar Ahmad
Nasir Gani
Momina Khatoon
Asgar Ali
State of Bihar
Shabnam Khatoon
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
