In this criminal miscellaneous petition, the High Court of Patna dismissed the application seeking quashing of orders confirming cognizance. The court held that the Magistrate did not commit illegality in taking cognizance after the Sessions Judge's order became final.
The petition for quashing was dismissed with no order as to costs.
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.2377 of 2023
Arising Out of PS. Case No.-701 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur
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RANDHIR RANJAN Son of Vidya Sagar Sharma R/V- Kesho Narayan Pur, P.S- Tajpur (O.P Halai) Distt- Samastipur.
... ... Petitioner/s
Versus
.. ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Dhananjai Kumar Singh For the Opposite Party/s : Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
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ORAL ORDER
2 11-09-2023 This application has been filed for quashing the order dated 17.02.2022 passed in Cr. Revision No. 389 of 2019 as well as the order dated 28.02.2019 passed in Complaint Case No. 701 of 2017, whereby and whereunder the learned Additional District and Sessions Judge-VII, Samastipur confirmed the order dated 28.02.2019 passed in Complaint Case No. 701 of 2017.
Patna High Court CR. MISC. No.2377 of 2023(2) dt.11-09-2023 2/3
the complainant preferred a revision before the learned Sessions Judge, which was allowed by the learned Sessions Judge and the learned Sessions Judge directed the court below to pass a fresh order in accordance with law after setting aside the dismissal order dated 09.08.2017.
Patna High Court CR. MISC. No.2377 of 2023(2) dt.11-09-2023 3/3
and that order has become final. After receiving of that order, the learned Magistrate has no option, but to comply the order of the learned Sessions Judge.
(Nawneet Kumar Pandey, J)
Mahesh/- U T
2 issues framed by the court
Whether the learned Judicial Magistrate committed any illegality in taking cognizance against the petitioner.
Whether the High Court should lawfully allow the petition for quashing the impugned order dated 17.02.2022.
1 provisions across 1 enactments
RANDHIR RANJAN
The State of Bihar
RAJESH KUMAR SINGH
NAWNEET KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
