Dismissed¶20

Raju Kumar Singh @ Raju Singh v. State Of Bihar and Anr.

Patna HC12 Aug 2024CR. MISC./34409/2017

Case brief

AI extract

What is this about?

Withdrawal of Section 482 CrPC petition; cognizance under Sections 406 and 420 IPC; Complaint Case No. 2637(C) of 2011; P.S. Case No. 2637 of 2011, West Champaran; dismissal under Section 203 CrPC dated 24.06.2013; Criminal Revision No. 184 of 2013; Additional Sessions Judge / Additional Sessions Judge-III, Bettiah; Revisional Order dated 05.04.2016; liberty to file fresh quashing petition; Raju Kumar Singh @ Raju Singh v. State of Bihar and Budh Ram.

What did the court decide?

Petition dismissed as withdrawn; liberty granted to the petitioner to prefer a fresh Criminal Miscellaneous case under Section 482 Cr.PC against the Revisional Order dated 05.04.2016 passed in Criminal Revision No. 184 of 2013. ¶20

Raju Kumar Singh @ Raju Singh Vs State Of Bihar and Anr. — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner may be permitted to withdraw the pending petition under Section 482 Cr.PC (challenging the cognizance order dated 21.09.2016) so as to enable him to prefer a fresh Criminal Miscellaneous case under Section 482 Cr.PC against the revisional order dated 05.04.2016 in Criminal Revision No. 184 of 2013.

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Court's answer

Permission to withdraw the petition is accorded; the present petition is dismissed as withdrawn with liberty to the petitioner to prefer a fresh Criminal Miscellaneous case under Section 482 Cr.PC against the Revisional Order dated 05.04.2016 passed by learned Additional Sessions Judge-III, Bettiah, West Champaran in Criminal Revision No. 184 of 2013.

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Detailed headnote1 paragraphs

Patna High Court (Jitendra Kumar, J.), Criminal Miscellaneous No.34409 of 2017, decided 12-08-2024 (oral order). Petition under Section 482 Cr.PC challenged the order dated 21.09.2016 passed in Complaint Case No. 2637(C) of 2011 (arising out of P.S. Case No. 2637 of 2011, West Champaran) whereby learned Judicial Magistrate, 1st Class, Sri Sanjay Kumar Rai, took cognizance of offence punishable under Sections 406 and 420 of the Indian Penal Code against the petitioner. Earlier, the complaint had been dismissed on 24.06.2013 under Section 203 Cr.PC; in Criminal Revision No. 184 of 2013 the Additional Sessions Judge, Bettiah set aside that dismissal and directed a fresh inquiry, culminating in the Revisional Order dated 05.04.2016 of the learned Additional Sessions Judge-III, Bettiah. At hearing, petitioner's counsel sought leave to withdraw the present petition in order to instead challenge the revisional order dated 05.04.2016 under Section 482 Cr.PC. Leave was accorded and the petition was dismissed as withdrawn with such liberty.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34409 of 2017

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Arising Out of PS. Case No.-2637 Year-2011 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran

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

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Raju Kumar Singh @ Raju Singh S/o Late Jewan Singh Resident of Village - Dubauliya, P.S. Nautan, Dist - West Champaran.

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... ... Petitioner/s

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Versus

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State Of Bihar.

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Budh Ram S/o Late Nakched Ram Resident of Village - Belbanwa Post - Bahagi, Ratanpura, P.S. Bairiya, Dist - West Champaran.

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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. Gauri Shankar Thakur, Advocate For the State : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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7 12-08-2024

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The present petition has been preferred by the

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petitioner under Section 482 Cr.PC against the impugned order dated 21.09.2016 passed in Complaint Case No. 2637(C) of 2011, whereby learned Judicial Magistrate, 1^st Class, Sri Sanjay Kumar Rai, has taken cognizance of offence punishable under Section 406 and 420 of the Indian Penal Code against the Petitioner.

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2. Prior to the present order, learned Magistrate had dismissed the complaint petition vide order dated 24.06.2013 under Section 203 Cr.PC. However, the complainant preferred Cr. Revision No. 184 of 2013 before learned Additional Sessions Judge, Bettiah, West Champaran, wherein learned

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Patna High Court CR. MISC. No.34409 of 2017(7) dt.12-08-2024 2/2

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Sessions Court set aside the order dated 24.06.2013 passed by learned Magistrate earlier and directed the learned Magistrate to pass order after fresh inquiry.

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3. At this stage, learned counsel for the Petitioner is seeking permission to withdraw the present petition, so that he can prefer Criminal Miscellaneous Case under Section 482 Cr.PC against the Revisional Order dated 05.04.2016 passed by learned Additional Sessions Judge-III, Bettiah, West Champaran in Criminal Revision No. 184 of 2013.

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4. Permission is accorded.

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5. Accordingly, the present petition is dismissed as withdrawn with liberty to the petitioner to prefer Criminal Miscellaneous case under Section 482 Cr.PC against the Revisional Order dated 05.04.2016 passed by learned Additional Sessions Judge-III, Bettiah, West Champaran in Criminal Revision No. 184 of 2013.

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(Jitendra Kumar, J.)

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shoaib/-

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U T

Raju Kumar Singh @ Raju Singh v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Raju Kumar Singh @ Raju Singh v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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