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Krishna Kumar Pathak @ Madan Pathak & Ors vs The State Of Bihar & Ors on 21 December, 2010

Author: Anjana Prakash

Bench: Anjana Prakash

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.15285 of 2010
             1.      KRISHNA KUMAR PATHAK @ MADAN PATHAK, SON OF
                     LATE SHYAM KISHOR PATHAK.
             2.      NARENDRA KUMAR PATHAK @ PHULAN PATHAK, SON
                     OF KRISHNA KUMAR PATHAK.
             3.      GYANTI DEVI, WIFE OF KRISHNA KUMAR PATHAK.
             4.      MANJU KUMARI PATHAK, DAUGHTER OF KRISHNA
                     KUMAR PATHAK
             5.      MADHU DEVI, WIFE OF NARENDRA KUMAR PATHAK.
             ALL RESIENTS OF VILLAGE AND POST - MOTHA, POLICE
             STATION KARAKAT, DISTT. ROHTAS, AT PRESENT RESIDING AT
             NEAR EASTERN SIDE OF SUGAR MILL, POST OFFICE
             BIKRAMGANJ, P.S. BIKRAMGANJ, DISTT. ROHTAS.
                                                            ------ PETITIONERS.
                                          Versus
             1. THE STATE OF BIHAR
             2. PUNAM KUMARI, WIFE OF ANIL KUMAR PATHAK, RESIDENT
                OF VILLAGE BIHTA, POST OFFICE BIHTA, P.S. IMADPUR,
                DISTT. BHOJPUR AT PRESENT RESIDING C/O SANJAY
                CHAUDHARY, ASHKAMINI NAGAR, BIKRAMGANJ, POST OFICE
                BIKRAMGANJ, P.S. BIKRAMGANJ, DISTT. ROHTAS.
             3. THAKUR YASHPAL KUMAR @ SANJAY SINGH, SON OF
                JANARDAN SINGH, RESIDENT OF VILLAGE - KARMA, POST
                OFFICE KARMA, P.S. SURAJPURA, DISTT. ROHTAS AT
                PRESENT RESIDING AT SHYAM NAGAR, POST OFFICE
                BIKRAMGANJ, P.S. BIKRAMGANJ, DISTT. ROHTAS.
             4. VIJAY KUMAR @ VIJAY SINGH, SON OF JANARDAN SINGH
             5. MAMTA DEVI, @ MAMTA SINGH, WIFE OF VIJAY SINGH
             6. JANARDAN SINGH, SON OF LATE GUPUT SINGH
            ALL RESIDENTS OF VILLAGE KARMA, POST OFFICE KARMA, P.S.
            SURAJPURA, DISTT. ROHTAS AT PRESENT RESIDING AT VINAY
            BHAVAN BEHIND SHYAM CINEMA HALL, BIKRAMGANJ, POST
            OFFICE BIKRAMGANJ, DISTT. ROHTAS.
             7. OFFICER-IN-CHARGE,         BIKRAMGANJ      POLICE       STATION,
                BIKRAMGANJ, ROHTAS
                                                    ------ OPPOSITE PARTIES.
                              -----------

2.   21.12.2010

Heard the parties.

The petitioners have sought quashing of the order dated 3.9.2009 passed by the Chief Judicial Magistrate, Rohtas, in by which he has taken cognizance in Complaint Case No. 477 of 2009.

Since the petitioners have sought quashing on his 2 defence, I am not inclined to interfere in the matter.

The application is dismissed.

( Anjana Prakash, J.) S.Ali