Patna High Court - Orders
Rama Nand Singh & Ors vs State Of Bihar on 25 January, 2012
Author: Rajendra Kumar
Bench: Rajendra Kumar Mishra, Rajendra Kumar
Patna High Court Cr.Misc. No.33010 of 2009 (2) dt.25-01-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33010 of 2009
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1.Rama Nand Singh
2.Nathuni Singh
3.Dipan Singh alias Bipin Singh
4. Ganesh Singh
5. Bilash Singh
6.Kamal Singh
7. Yugal Singh
8. Ramesh Singh
.... .... Petitioner/s
Versus
State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Singh
For the State : Mr. Mr. Jharkhndi Upadhyaya,APP
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA)
2 25-01-2012Heard the learned counsel for the parties.
This application under Section 482 of the Code of Criminal Procedure is against the order dated 6.8.2009 passed in Goroul P.S. case no. 94 of 2008 by the Chief Judicial Magistrate Vaishali at Hajipur taking cognizance of an offence under Section 304/34 of the Indian Penal Code and 3 (i) (x) of SC/ST ( Prevention of Atrocities) Act.
Learned counsel for the petitioners submits that from the First Information Report, it appears that no case is made out under the SC/ST (Prevention of Atrocities) Act but the Patna High Court Cr.Misc. No.33010 of 2009 (2) dt.25-01-2012 learned Chief Judicial Magistrate took the cognizance of the offence under Section 3(i) (x) of the SC/ST ( Prevention of Atrocities) Act.
From the impugned order it appears that the learned Magistrate on perusal of the case diary has arrived at the conclusion that prima-facie case under section 304/34 of the Indian Penal Code and 3 (i) (x) of the SC/ST ( Prevention of Atrocities ) Act is made out and accordingly took cognizance of the offence against the accused/petitioners.
I find no illegality in the impugned order for interference under Section 482 of the Code of Criminal Procedure. This application is dismissed.
As far as submission of the learned counsel for the petitioners is concerned, he may raise this point in trial Court at appropriate stage.
(Rajendra Kumar Mishra, J.) Arun kumar /-