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Patna High Court - Orders

Sunil Kumar & Ors. vs The State Of Bihar & Anr on 26 July, 2012

Author: Anjana Prakash

Bench: Anjana Prakash

       Patna High Court Cr.Misc. No.1487 of 2012 (3) dt.26-07-2012




                            IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No. 1487 of 2012
                    ===================================================
                    1. Sunil Kumar S/O Shambhu Sharan Prasad Resident Of Village-
                       Ram Nagar, P.S.- Nawada, Dist.- Nawada.
                    2. Shambhu Sharran @ Shambhu Saran S/O Late Chaturbhuj
                       Ram Resident Of Village- Ram Nagar, P.S.- Nawada, Dist.-
                       Nawada.
                    3. Kanchan Devi W/O Shambhu Sharan Prasad Resident Of
                       Village- Ram Nagar, P.S.- Nawada, Dist.- Nawada.
                    4. Jitendra Kumar S/O Shambhu Sharan Prasad Resident Of
                       Village- Ram Nagar, P.S.- Nawada, Dist.- Nawada.
                    5. Rita Devi W/O Jitendra Kumar Resident Of Village- Ram Nagar,
                       P.S.- Nawada, Dist.- Nawada.
                    6. Radhe Ram @ Radhe Prasad S/O Late Bhagwat Ram Resident
                       Of Village + P.S.- Hisua, Dist.- Nawada.

                                                                           .... ....   Petitioner/s
                                                           Versus
                    1. The State of Bihar.
                    2. Kiran Devi W/o Government Prasad Resident of Village- Gupta,
                       P.S.- Fatehpur, Dist.- Gaya.

                                                       .... .... Opposite Party/s
                    ===================================================
                    CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
                    ORAL ORDER

03.   26.07.2012

The Petitioners seek quashing of the order dated 28.02.2011 passed by the Chief Judicial Magistrate, Nawada in Nawada Town No. 348 of 2010 by which he has taken cognizance under Sections 304B IPC and other allied Sections.

It has been submitted on behalf of the Petitioners that initially a UD case was instituted which was signed even by the brother and father of the deceased and, therefore, the subsequent allegations on which cognizance has been taken is bad.

Since these are matters which can be appreciated only at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed.

Vikash/-                                                        (Anjana Prakash, J.)