Patna High Court - Orders
Tej Narayan Mishra & Ors. vs The State Of Bihar & Anr. on 10 April, 2012
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
Patna High Court Cr.Misc. No.15188 of 2012 (2) dt.10-04-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15188 of 2012
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1. Tej Narayan Mishra S/O Late Bashistha Narayan Mishra Resident Of
Village- Sheikhpur (Western To Santnirankari Bhawan), P.S.- Ahiyapur,
Distt.- Muzaffarpur.
2. Gita Devi W/O Tej Narayan Mishra Resident Of Village- Sheikhpur
(Western To Santnirankari Bhawan), P.S.- Ahiyapur, Distt.- Muzaffarpur.
3. Anand Kumar Mishra S/O Tej Narayan Mishra Resident Of Village-
Sheikhpura (Western To Santnirankari Bhawan), P.S.- Ahiyapur, Distt.-
Muzaffarpur.
4. Rita Kumari W/O Anand Kr. Mishra Resident Of Village- Sheikhpura
(Western To Santnirankari Bhawan), P.S.- Ahiyapur, Distt.- Muzaffarpur.
5. Chunnu Kumar @ Vikash Kumar S/O Tej Narayan Mishra Resident Of
Village- Sheikhpur (Western To Santnirankari Bhawan), P.S.- Ahiyapur,
Distt.- Muzaffarpur.
6. Prabhat @ Prabhat Kr. Mishra S/O Tej Narayan Mishra Resident Of
Village- Sheikhpur (Western To Santnirankari Bhawan), P.S.- Ahiyapur,
Distt.- Muzaffarpur.
7. Poonam Kumari D/O Tej Narayan Mishra Resident Of Village-
Sheikhpur (Western To Santnirankari Bhawan), P.S.- Ahiyapur, Distt.-
Muzaffarpur.
.... .... Petitioners
Versus
1. The State Of Bihar
2. Narendra Prasad Singh, Advocate S/O Late Sudeshwar Prasad Singh
Resident Of Village- Shekhpur (Western To Sant Nirankari Bhawan), P.S.-
Ahiyapur, Distt.- Muzaffarpur.
.... .... Opposite Parties
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
2 10-04-2012Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State and perused the office report.
The office has reported that this petition under Section 482 of the Cr.P.C. is not maintainable and it may be converted into writ jurisdiction.
Patna High Court Cr.Misc. No.15188 of 2012 (2) dt.10-04-2012
It is pointed out by learned counsel for the petitioners that Opposite Party No. 2, namely, Narendra Prasad Singh, Advocate filed complaint case bearing Complaint Case No. 1967 of 2008 against the petitioner no. 5 alleging therein that petitioner no. 5, namely, Chunnu Kumar @ Vikash Kumar used to tease the complainant's daughter and when the complainant and his other family members forbade him to do so, he assaulted the complainant. It is further pointed out by learned counsel for the petitioners that in the aforesaid case, after enquiry, prima facie case was found true against petitioner no. 5 and the aforesaid case is presently pending in the court of Smt. Reshma Verma, Judicial Magistrate, 1st Class, Muzaffarpur. It is further pointed out by him that again, the Opposite Party No. 2 filed complaint case bearing Complaint Case No. 300 of 2010 against petitioners no. 5, 2 and 1 alleging almost similar story and in the aforesaid case, also after enquiry, prima facie case was found true and the same is pending before the trial court. It is further pointed out by him that again, Opposite Party No. 2 filed complaint case bearing Complaint Case No. 384 of 2010 against all the petitioners repeating almost the similar allegation and in the aforesaid case, also after enquiry, prima facie case was found and the same is pending before Sri R.K. Bharti, Judicial Magistrate, 1st Class, Muzaffarpur. Patna High Court Cr.Misc. No.15188 of 2012 (2) dt.10-04-2012
It is contended by learned counsel for the petitioners that the grievance of the petitioners is that all the aforesaid three cases are pending in three different courts. It is further contended by him that the learned Sessions Judge, Muzaffarpur may be directed to transfer all the aforesaid three cases in one court for trial.
In view of the aforesaid office report, this petition stands dismissed being not maintainable.
However, petitioners may raise their grievance before the learned Sessions Judge, Muzaffarpur and if the petitioners file any petition for transferring the aforesaid three cases in one court, the learned Sessions Judge, Muzaffarpur shall pass appropriate order in accordance with law.
Let this order be communicated to the court of learned Sessions Judge, Muzaffarpur through FAX at the cost of the petitioners for needful.
(Hemant Kumar Srivastava, J) SHAHZAD/-