High Court dismissed petition for quashing the order confirming prima facie case against petitioners in Sessions/Criminal proceeding. Court found no ground for interference and directed trial to proceed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51305 of 2014
Arising Out of PS.Case No. -884 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA
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.... .... Petitioner/s
Versus
.... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. Avinash, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P.
=========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 18-12-2017
Heard learned counsel for the petitioners and learned A.P.P.
for the State.
This application has been filed for quashing the order dated 06.12.2012 passed by learned Judicial Magistrate, Patna City in Complaint Case No. 884 of 2012 by which the learned Magistrate after holding enquiry has found prima facie case against the petitioners for the offences punishable under Sections 420, 379, 323 and 504 of the Indian Penal Code.
A report had been called for from the court below, which has been received. The court below has stated in the report that the
Patna High Court Cr.Misc. No.51305 of 2014 dt.18-12-2017
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case was fixed for framing of the charge on 08.02.2015.The bail bond of one of the accused has been cancelled on 08.02.2015 as he did not appear on that date. The other accused persons have surrendered and got bail in the year 2016.
Under such circumstances, the Court is not inclined to interfere with the impugned order. Accordingly, this application is dismissed.
The Court below will proceed in the trial in accordance with law.
(Sanjay Priya, J)
Sudha/-
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1 issue framed by the court
Whether the High Court should interfere to quash the order confirming prima facie case by the Judicial Magistrate.
Kanchan Devi W/o Sone Lal
Mahendra Kumar @ Phulshankar Sah
The State of Bihar
Ram Babu Yadav S/o Late Shivnandan Yadav
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
