Patna High Court - Orders
Nanhe Rai @ Satrughan Rai vs State Of Bihar & Anr on 4 August, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.45303 OF 2008
NANHE RAI @ SATRUGHAN RAI, SON OF LATE SHEODENI RAI, RESIDENT OF
MOHALLA DAHIYAWAN TOLA, POLICE STATION TOWN CHAPRA, DISTRICT
SARAN
VERSUS
1. THE STATE OF BIHAR
2. RAM KRIPAL SINGH, SON OF LATE DUDHESHWAR SINGH, AT PRESENT
POSTED AS SENIOR INVESTIGATOR, I.M.I., PATNA (BIHAR)
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2 04/08/2011Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State.
The petitioner has challenged the order dated 02.04.2007 passed by the Chief Judicial Magistrate, Chapra, Saran taking cognizance under Section 420 of the Indian Penal Code, Sections 63/68 (A) of the Copyright Act and Section 3 of the Young Person (Harmful Publications) Act on the ground that the petitioner was merely the landlord of the shop, whereas Rajeev Pratap Rai was the man who was running the shop.
In the circumstances, it is submitted that virtually there is no material against the petitioner in the case diary and as such the Chief Judicial Magistrate, Chapra without considering or giving any reason for referring to the case diary has summoned this petitioner while taking cognizance on 02.04.2007.
This Court, therefore, quashes the order 2 impugned and remands the matter to the Chief Judicial Magistrate, Chapra, Saran to pass an appropriate orders in this case after taking into account the materials in the case diary as well as the fact that the petitioner is merely the landlord of the shop which was allegedly raided, within a period of two months from the date of receipt/production of a copy of this order subject to the fact that charges have not been framed in this case.
Counsel for the petitioner is directed to produce a copy of this order before the Court below within a period of one month from today, failing which this application shall stand dismissed.
This application is allowed to the extent indicated aforesaid.
Anand (Sheema Ali Khan, J.)