Quashed

Deepak Kumar @ Deepak Patel v. The State of Bihar

Patna HC22 Aug 2023CR. MISC./19120/2019

Case brief

AI extract

What is this about?

Petitioner sought quashing of a Magistrate’s order taking cognizance under Sections 341, 323, and 354 IPC for alleged molestation. The Court quashed the order as cryptic, unreasoned, and contrary to police exoneration and Supreme Court precedent.

What did the court decide?

The order dated 03.02.2018 passed by the Chief Judicial Magistrate in Gogari P.S. Case No. 471/2017 is quashed.

Deepak Kumar @ Deepak Patel Vs The State… — Constitutional and Fundamental Rights | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19120 of 2019

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Arising Out of PS. Case No.-471 Year-2017 Thana- GOGRI District- Khagaria

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

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DEEPAK KUMAR @ DEEPAK PATEL S/o Anil Patel R/o Village- Chak Gogari, P.S.-Gogari, District- Khagaria.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Pramod Poddar S/o Suresh Poddar R/o Gogri, PS Gogri, District-Khagaria

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... ... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr.Binod Kumar For the Opposite Party/s : Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 22-08-2023

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Heard learned counsel for petitioner and learned Additional Public Prosecutor.

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None has appeared for opposite party no. 2 despite valid service of notice.

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This application is filed for quashing the order dated 03.02.2018 passed in Gogari P.S. Case No. 471/2017, G.R. No. 3196/2017 by the Chief Judicial Magistrate, Khagaria whereby and where under Court below took cognizance against petitioner for offence under section 341, 323, 354 of the Indian Penal Code.

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As per the prosecution story, the petitioner is said to have molested the informant’s daughter while she was returning home from her school.

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Patna High Court CR. MISC. No.19120 of 2019(3) dt.22-08-2023 2/2

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The police has exonerated the petitioner finding the case to be false. The Magistrate has differed with the final form and has taken cognizance without mentioning the grounds for taking cognizance.

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The Magistrate has mentioned the initial paragraphs but has not considered the subsequent materials which have come during investigation.

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The impugned order is a cryptic and non reasoned order and no order in the eye of law and the same is also in teeth of the law laid down by the Supreme Court in the case of Pepsi Foods ltd. And Another Vs. Special Judicial Magistrate and Ors. (1998) 5 SCC 749.

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In view of the above, this application is allowed. Accordingly, the order dated 03.02.2018 passed in Gogari P.S. Case No. 471/2017, G.R. No. 3196/2017 by the Chief Judicial Magistrate, Khagaria is hereby quashed.

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(Sandeep Kumar, J)

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Sunnykr/-

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U T

Deepak Kumar @ Deepak Patel v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Kumar @ Deepak Patel v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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