Patna High Court - Orders
Heera Nand Thakur vs The State Of Bihar on 17 May, 2016
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 40493 of 2013
Arising Out of PS.Case No. -122 Year- 2007 Thana -CHANPATIA District-
WESTCHAMPARAN(BETTIAH)
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Heera Nand Thakur Son of Late Rama Thakur R/O Village-Pokharia Rai,
P.S.-Chanpatia, Distt-West Champaran
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar
For the Opposite Party/s : Mr. Umesh Lal Verma(App)
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
3 17-05-2016Heard Sri Sanjeev Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor.
The sole petitioner, invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 29-08-2013 passed by Sri P.K.Shukla, learned Judicial Magistrate, Bettiah (West Champaran) in Trial No. 1658 of 2013 (arising out of Chanpatia P.S. Case No. 122 of 2007) registered for the offence under Sections 193, 420, 120(B), 182 & 211 of the Indian Penal Code. By the said order, learned Magistrate has rejected the petition filed under Section 239 of the Cr.P.C. for discharge of the petitioner.
Learned counsel for the petitioner, assailing the order, submits that the case was initiated maliciously due to the reason Patna High Court Cr.Misc. No.40493 of 2013 (3) dt.17-05-2016 2/2 that petitioner had earlier filed a case for offence under Section 304(B) of the I.P.C. against his son-in-law and other family members and family members of deceased her-in-law had got the present case fabricated.
Besides hearing, I have also perused the order impugned. After going through the order impugned, I do not find any apparent error warranting interference.
Dismissed.
(Rakesh Kumar, J.) Anay/-
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