The High Court of Judicature at Patna dismissed a miscellaneous petition seeking quashment of an impugned order taking cognizance of IPC offences, noting that the petition stood dismissed due to non-prosecution as neither party appeared before the 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.63230 of 2017
Arising Out of PS. Case No.-222 Year-2015 Thana- GARDANIBAGH District- Patna
======================================================
Fula Rani & Anr
... ... Petitioner/s
Versus
The State Of Bihar & Anr
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2 02-01-2018
On call, none appeared either on behalf of the petitioners or on behalf of the State.
The present petition has been filed with a prayer to quash an order dated 08.12.2015 passed by Smt. Priya Shekhar, learned Judicial Magistrate 1st Class, Patna (hereinafter referred to as “Magistrate”) in Gardanibagh P.S. Case No. 222 of 2015. By the said order after submission of charge -sheet the learned Magistrate has taken cognizance of offence under Sections 420, 406, 323, 385, 504, 120B of the Indian Penal Code, 1860.
It is evident that initially a complaint petition was filed in the court of learned Chief Judicial Magistrate, Patna, which was numbered as Complaint Case No. 2171 (C ) of 2015 . The said complaint was forwarded to Gardanibagh Police Station for investigation under Section 156 (3) of the Code of Criminal
Patna High Court Cr.Misc. No.63230 of 2017(2) dt.02-01-2018 2/2
Procedure, 1973 and thereafter, an F.I.R. vide Gardanibagh P.S. Case No. 222 of 2015 was registered and during investigation accusation was found true, and thereafter, charge- sheet was submitted. After submission of charge-sheet, the learned Magistrate has taken cognizance of offences.
I have perused the materials available on record. I do not find any ground to interfere, however, since none appeared on behalf of the petitioners either to press the petition or to make a prayer for adjournment, the petition stands dismissed due to non -prosecution.
(Rakesh Kumar, J)
praful/-
1 issue framed by the court
Whether the High Court can quash the order of the learned Magistrate taking cognizance of offences u/s 420, 406, 323, 385,504, 120B IPC in the absence of the parties.
2 provisions across 2 enactments
Fula Rani & Anr
The State Of Bihar & Anr
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
