Dismissed

Parikshan Paswan v. The State Of Bihar

Patna HC17 Jul 2017CR. MISC./54410/2013

Case brief

AI extract

What is this about?

Petitioner challenged the Magistrate's order taking cognizance under Section 482 CrPC via a Criminal Miscellaneous application. The court found no illegality or abuse of process in the impugned order and dismissed the application.

What did the court decide?

The Criminal Miscellaneous application is dismissed. Petitioner is at liberty to raise defence/points in trial court at the appropriate stage.

Parikshan Paswan Vs The State Of Bihar — Criminal Trial and Appeal | Patna HC (2017)

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Patna High Court Cr.Misc. No.54410 of 2013 dt.17-07-2017

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.54410 of 2013

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Arising Out of PS.Case No. -107 Year- 2011 Thana -UJIYARPUR District- SAMASTIPUR

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===========================================================

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Parikshan Paswan, S/O Dhanichand Paswan, Resident of Village- Bhagwanpur Kamla, P.S.- Ujairpur, District- Samastipur

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.... .... Petitioner/s

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Versus

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The State of Bihar

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.... .... Opposite Party/s

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=========================================================== Appearance :

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For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

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=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT

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Date: 17-07-2017

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Heard learned counsel for the petitioner and the learned counsel for the State.

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2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 26.02.2013 passed in Ujiarpur P.S. Case No. 107 of 2011, whereby the learned Additional Chief Judicial Magistrate, Dalsingsarai, took the cognizance for the offence, under Sections 409, 418 and 468/34 of the Indian Penal Code, differing with the final form submitted by the Investigating Officer, on perusal of the materials available in case diary.

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3. On going through the impugned order, I find no illegality in the impugned order amounting to abuse of the process of

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Patna High Court Cr.Misc. No.54410 of 2013 dt.17-07-2017

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the court for interference in inherent jurisdiction under Section 482 of

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the Code of Criminal Procedure.

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4. Accordingly, this application is dismissed

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However, the petitioner would be at liberty to raise his defence/points in trial court at the appropriate stage.

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(Rajendra Kumar Mishra, J)

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Bhardwaj/-

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AFR/NAFR
CAV DATE
UploadingDate	19.07.2017
Transmission Date	19.07.2017

Parikshan Paswan v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Parikshan Paswan v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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