Dismissed

Nilesh Kumar @ Sonu v. State Of Bihar and Anr.

Patna HC25 Aug 2017CR. MISC./32276/2014

Case brief

AI extract

What is this about?

This court dismissed an application seeking quashing of a cognizance order in a criminal case involving forged drafts. The petitioner argued that a subsequent case on the same facts was pending. The court held that pendency of a related case does not justify quashing and directed adherence to Section 210 Cr.P.C. procedures for amalgamation.

What did the court decide?

Quashing of the cognizance order was disallowed; the application stands dismissed for lack of merit as Section 210 Cr.P.C. remains applicable.

Nilesh Kumar @ Sonu Vs State Of Bihar and Anr. — Cheque Dishonour | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.32276 of 2014

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Arising Out of PS.Case No. -332 Year- 2006 Thana -GANDHIMAIDAN District- PATNA

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=========================================================== Nilesh Kumar @ Sonu Son of Late Ashok Kumar Barnwal Resident of Nala Road, Bhawan Alankar, P.S.- Kadamkuan, District- Patna

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.... .... Petitioner

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Versus

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The State of Bihar

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Amar Kumar Son of Late Umeshwar Prasad Senior Branch Manager, (BOB) Bank of Baroda, Resident of Chitragupt Nagar, Kankarbagh, P.S.- Patrakar Nagar, District- Patna

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.... .... Opposite Parties

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=========================================================== Appearance : For the Petitioner : Mr. Surendra Kishore Thakur, Advocate For O.P. No.2 (Bank) : Mr. Vivek Prasad, Advocate

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Ms. Roona, Advocate

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=========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT

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Date: 25-08-2017

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Heard learned counsel for the petitioner as well as learned counsel for the opposite party no.2.

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The petitioner seeks quashing of the cognizance order dated 6.11.2008 passed in Gandhi Maidan P.S. Case No.332 of 2006 and also for quashing the entire criminal proceeding on the ground that already complaint case relating to the so-called forged drafts presented in the Bank another Complaint Case No.2900 of 2006 dhas been filed by M/S J.K. White Cement so two cases for same offence should not proceed. Learned counsel further submits that earlier other co-accused had moved this Court against cognizance order passed in

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Patna High Court Cr.Misc. No.32276 of 2014 dt.25-08-2017

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2/2

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the Complaint Case No.2900 of 2006 raising same issue but the Court disposed of that application directing recourse of section 210 of the Cr.P.C. accordingly the petitioner moved before the trial Court but the petition was rejected for amalgamation.

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The Court finds that cognizance order passed in this case cannot be set aside merely on ground that a complaint case too filed by M/S J.K. White Cement relating to same occurrence is also pending in another Court. Earlier another co-accused had filed Cr. Misc. No.36581 of 2007 for quashing cognizance order passed in the Complaint case No.2900(C) of 2006 taking same plea as in the present application but it was disposed off by giving direction to move pending petition under Section 210 of Cr.P.C. before the trial court but again on same ground the present quashing application is filed by another accused withholding the order passed on petition filed under Section 210 of Cr.P.C., so finding no merit this application stands dismissed.

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(Arun Kumar, J)

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N.H./-

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AFR/NAFR	NAFR
CAV DATE	N/A
UploadingDate	30-08-2017
Transmission Date	30-08-2017

Nilesh Kumar @ Sonu v. State Of Bihar and Anr.

Case brief

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Nilesh Kumar @ Sonu v. State Of Bihar and Anr.

Case brief

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