In an application under Section 482 CrPC arising from an Arms Act case, the Patna High Court found no illegality in the lower court taking cognizance and dismissed the petition without abuse of process.
The application under Section 482 CrPC was dismissed with liberty to plead in the trial court.
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.
Patna High Court Cr.Misc. No.54384 of 2013 dt.07-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54384 of 2013
Arising Out of PS.Case No. -128 Year- 2010 Thana -KARPI District- JEHANABAD
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Rakesh Kumar, S/O Late Arjun Sharma, Resident of Village- Nimsar, Police Station- Tekari, District- Gaya
.... .... Petitioner/s
The State Of Bihar
Versus .... .... Opposite Party/s
=========================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT
Date: 07-07-2017
Heard learned counsel for the petitioner and the
learned counsel for the State.
2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 09.12.2011 passed in Karpi P.S. Case No. 128 of 2010, whereby the learned Chief Judicial Magistrate, Jehanabad, too the cognizance for the offence under Sections 25(1-B)a, 26, 35, 29(B) and 30 of the Arms Act against the accused-petitioner.
3. On going through the impugned order, I find no illegality in the impugned order amounting to abuse of the process of the court for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.54384 of 2013 dt.07-07-2017
4. Accordingly, this application is dismissed
However, the petitioner would be at liberty to raise his defence/points
in trial court at the appropriate stage.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
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| CAVDATE | |
| UploadingDate |
10.07.2017 |
| Transmission Date |
10.07.2017 |
1 issue framed by the court
Whether the High Court should interfere in the inherent jurisdiction under Section 482 CrPC in view of alleged illegality in the impugned order.
2 provisions across 2 enactments
Arjun Kumar
State Of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
