Dismissed

Ram Prasad Sah v. State Of Bihar and Anr.

Patna HC17 Jul 2017CR. MISC./54474/2013

Case brief

AI extract

What is this about?

The High Court considered a criminal miscellaneous petition filed under Section 482 Cr.P.C. challenging an order summoning the accused petitioner for inquiry based on charges of theft, criminal trespass, and assault. The court found no illegality in the order.

What did the court decide?

The petition is dismissed; however, the petitioner is at liberty to raise his defense/points in the trial court at the appropriate stage.

Ram Prasad Sah Vs State Of Bihar and Anr. — Cheque Dishonour | Patna HC (2017)

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Patna High Court Cr.Misc. No.54474 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.54474 of 2013

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Arising Out of PS.Case No. -1182 Year- 2012 Thana -PATNA COMPLAINT CASE District-

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PATNA

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

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Ram Prasad Sah, S/O Sri Sakhi Sah, Resident of Village- Jhitaki, P.S.- Vorhar, District- Madhubani

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Popin Choudhary, S/O Late Baleshwar Choudhary, R/V- Jhitki, P.S.- Vorhar, Dist.- Madhubani

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

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=========================================================== Appearance : 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 learned counsel for the Opposite Parties.

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This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 20.05.2013 passed in Complaint Case No. 1182 of 2012, whereby the Judicial Magistrate Ist Class, Patna City, Patna, summoned the accusedpetitioner, on inquiry, under Section 204 of Cr.P.C finding the prima facie case, under Sections 380, 379, 147, 323, 341, 354, 504, 457, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

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Learned counsel for the petitioner submits that no specific overt act has been attributed against the petitioner except that

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Patna High Court Cr.Misc. No.54474 of 2013 dt.17-07-2017

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the petitioner entered in the house of the complainant along with others and committed theft of ornaments.

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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.

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Accordingly, this application is dismissed . 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
CAVDATE
UploadingDate	19.07.2017
Transmission Date	19.07.2017

Ram Prasad Sah v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Ram Prasad Sah v. State Of Bihar and Anr.

Case brief

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What did the court decide?

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