Dismissed

Md. Firoz and Ors. v. State Of Bihar and Anr.

Patna HC21 Jun 2019CR. MISC./4756/2017

Case brief

AI extract

What is this about?

The High Court at Patna dismissed a criminal miscellaneous petition directed against an order passed by the SDJM, Darbhanga. The court held the petition defective as the prayer did not specifically seek quashing of the order, unlike the dismissed revision under Section 239 Cr.P.C.

What did the court decide?

Petition dismissed on the ground of being defective for not praying quashing of the impugned order.

Md. Firoz and Ors. Vs State Of Bihar and Anr. — Civil Procedure and Limitation | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4756 of 2017

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Arising Out of PS. Case No.-32 Year-2007 Thana- KEWATI District- Darbhanga

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

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Md. Firoz

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Md. Afroz, Both sons of Late Zafeer,

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Md. Ali Raza, son of Late Abdul Waheed,

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Abdul Qaiyum, son of Late Ayoob,

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Abdus Salam, son of Late Sidique,

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Md. Jamshaid, son of Late Abdus Samad, All resident of Barh Samaila, P.S.Keoti, District- Darbhanga

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Md. Alamgir, son of Late Abdul Hamid, Resident of Barh Samaila, Police Station- Keoti, District- Darbhanga.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Abinash Kumar, Adv. For the Opposite Party/s : Mr. Ahtasham Khan, Adv. For the State : Mr. Sujit Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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2 21-06-2019 Heard learned counsel for the petitioners as well as learned APP along with learned counsel for the O.P. No.2.

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Before coming to the main issue, it is evident that a first round contest over a prayer made under Section 239 Cr.P.C. has been completed and in the aforesaid background, the matter has been remitted to the learned lower court, heard the matter and vide order dated 02.03.2016 dismissed the petition filed on behalf of petitioners against which Criminal Revision No.271/2016 has been filed and the same has been rejected vide

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Patna High Court CR. MISC. No.4756 of 2017(2) dt.21-06-2019 2/2

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order dated 16.07.2016 at the admission stage itself which has been brought up under challenge under the instant petition. Neither in para-1 of the petition nor in the prayer portion, the petitioners have asked for quashing of the learned lower court's order dated 02.03.2016 passed by the SDJM, Darbhanga relating to G.R. No.691/2007 arising out of Keoti P.S. Case No.32/2007 and that being so, this petition happens to be defective one whereupon, dismissed.

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(Aditya Kumar Trivedi, J.)

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Prakash Narayan U T

Md. Firoz and Ors. v. State Of Bihar and Anr.

Case brief

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Md. Firoz and Ors. v. State Of Bihar and Anr.

Case brief

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