In a criminal miscellaneous petition seeking quashing of an order by the C.J.M., Sitamarhi taking cognizance under various IPC sections, the High Court found that offences were not made out against the petitioners and was therefore in a position to dismiss the application.
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.33663 of 2014
Arising Out of PS.Case No. -36 Year- 2012 Thana -RUNISAIDPUR District- SITAMARHI
======================================================
.... .... Petitioners
Versus
.... .... Opposite Parties
====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. J.N.Thakur(App)
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
The petitioners have filed this application for quashing order dated 15.1.2014 passed by C.J.M., Sitamarhi in Runnisaidpur P.S. Case No.36 of 2012 thereby taking cognizance of the offence under Sections 406, 420, 467, 468, 471, 465 and 379 of the Indian Penal Code.
It is submitted on behalf of the petitioners that the dispute is entirely of civil nature and it relates to the constitution of governing body of the college. The petitioners were donators in the college therefore, they were members of the governing body of the college
Patna High Court Cr.Misc. No.33663 of 2014 (5) dt.29-08-2017
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and the informant Convener of the College lodged this false case after his removal.
However, having gone through the allegation levelled in the F.I.R. as well as the material collected during investigation, it is not the case that no offence is made out against the petitioners, so this application stands dismissed.
(Arun Kumar, J)
N.H./-
U T
1 issue framed by the court
Whether the High Court should quash the criminal order taking cognizance of the offence.
Shyam Nandan Thakur
Upendra Thakur
Surendra Thakur
Rup Narayan Thakur
The State of Bihar
Professor Chandeshwar Prasad Rai
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
