Patna High Court - Orders
Navin Kumar vs The State Of Bihar on 7 August, 2012
Author: Shivaji Pandey
Bench: Shivaji Pandey
Patna High Court Cr.Misc. No.14575 of 2011 (3) dt.07-08-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14575 of 2011
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1. Navin Kumar S/O Gyanchandra Prasad R/O Village - Jogaulia, P.S. -
Madhuban, District - East Champaran
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
3 07-08-2012Heard learned counsel for the petitioner and learned counsel for the State.
Learned counsel for the petitioner is permitted to implead Ziyauddin Khan alias Khanaf accused of Madhuban P.S. Case No. 134 of 2009 as opposite party no.2.
This case is inter-connected with Madhuban P.S. Case No. 134 of 2009 where the petitioner is the informant and there is allegation that Ziyauddin Khan caused fire arm injury in the stomach. First Information Report has been instituted under section 307/34 of the Indian Penal Code and 27 of the Arms Act against opposite party no.2. The police after investigation found the case to be false and lodged the present case under sections 116, 167, 177, 193, Patna High Court Cr.Misc. No.14575 of 2011 (3) dt.07-08-2012 199 of the Indian Penal Code and 27 of the Arms Act against the petitioner. Later on the learned Magistrate vide order dated 7.1.2011 disagreed with the final form submitted by the police and has taken cognizance under section 307 of the Indian Penal Code and 27 of the Arms Act. After three days i.e. on 10.1.2011 the police instituted the case against the petitioner under sections 116, 167, 177, 193, 199 of the Indian Penal Code and 27 of the Arms Act.
Learned counsel for the petitioner submits that both the cases can not be run parallel as the Magistrate has found the version of the petitioner to be correct, the First Information Report instituted by the police is completely not sustainable in the eye of law.
Issue notice to opposite party no.2 under ordinary process as well as registered cover with A/D for which requisites etc. must be filed within a period of two weeks, failing which this application as against him shall stand rejected without further reference to the Bench.
Also call for the case diary from the court of the Sub Divisional Judicial Magistrate, Sikrahna at Motihari in connection with Pakri Dayal P.S. Case No.2 of 2011.
In the meantime, further proceedings in Pakri Dayal Patna High Court Cr.Misc. No.14575 of 2011 (3) dt.07-08-2012 P.S. Case No. 2 of 2011, pending in the court of Sub Divisional Judicial Magistrate, Sikrahna at Motihari shall remain stayed.
Learned counsel for the petitioner submits that some part of the First Information Report could not have been brought on record. He is permitted to bring the same on record by way of filing supplementary affidavit.
After appearance of opposite party no.2 and after receipt of the case diary, let this case be listed at the top of the list Vinay/- (Shivaji Pandey, J)