Writ petition challenging the Magistrate's taking of cognizance under Section 436 IPC without considering investigation material after a police report declaring occurrence untrue. The Court held the order unsustainable and remitted the matter.
Impugned order set aside and matter remitted to the learned court below to pass order according to law.
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.651 of 2019
Arising Out of PS. Case No.-74 Year-2017 Thana- RAUTARA District- Katihar
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... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Adv For the Opposite Party/s : Mr.Sri Ramchandra Singh, APP
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT
Date : 16-09-2019
Heard learned counsel for the parties.
Patna High Court CR. MISC. No.651 of 2019 dt.16-09-2019 2/2
it perused the case record as well as protest petition of the informant.
(Birendra Kumar, J)
Nitesh/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 18.09.2019 |
| Transmission Date | 18.09.2019 |
1 issue framed by the court
Whether the impugned order of the Magistrate taking cognizance under Section 436 IPC without considering investigation material is sustainable in law.
2 provisions across 2 enactments
Upendra Singh
Sikandar Mahto
Akhilesh Mahto
Birendra Singh
Amarjeet Singh
Jitu Singh
Birendra Kumar Oral
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
