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Patna High Court - Orders

Ajay Kumar & Anr vs The State Of Bihar & Anr on 23 March, 2010

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CR.MISC. NO.14396 OF 2007
    1. AJAY KUMAR, SON OF LATE LAKHAN LAL BHAGAT, VILLAGE CHAURI,
       POLICE STATION DELDOUR, DISTRICT KHAGARIA. AT PRESENT
       OFFICER-IN-CHARGE, PALIGANJ POLICE STATION, PATNA
    2. PARMANAND TIWARI, SON OF LATE SOMARI TIWARI, RESIDENT OF
       VILLAGE MILKI, POLICE STATION PALIGANJ, DISTRICT PATNA
    .........................L........................................................PETITIONERS
                                 VERSUS
    1. THE STATE OF BIHAR
    2. CHANDRA BHUSHAN TIWARI, SON OF LATE HARI KANT TIWARI,
       RESIDENT OF VILLAGE MILKI, POLICE STATION PALIGANJ, DISTRICT
       PATNA
    ................................................................................OPPOSITE PARTIES
                                  ********


6      23/03/2010

This application has been filed against the order dated 01.12.2006 passed in Complaint Case No. 1014 (C) of 2006 by which the Additional Chief Judicial Magistrate, Danapur has taken cognizance for the offences under Sections 147, 148, 379, 341 & 504 of the Indian Penal Code.

The allegation in the complaint is that the named accused persons were cutting the crop from the plot which supposedly belongs to the complainant. On protest, the complainant was driven away by the named accused persons as well as by the Officer-in-charge of the Paliganj Police Station. On the basis of the aforesaid allegation, the court below has taken cognizance of the offence.

I find no illegality in the order taking cognizance dated 01.12.2006. Besides, which this is a 2 very old matter and the Court below would have proceeded in the matter by now.

This application is accordingly dismissed.

Anand                                 ( Sheema Ali Khan, J.)