Patna High Court - Orders
Dilip Kumar Gupta vs State Of Bihar And Anr on 30 April, 2019
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 6292 of 2015
Arising Out of P.S. Case No.-81 Year-2012 Thana- BENNIPATTI District- Madhubani
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Dilip Kumar Gupta, Son of Sri Umesh Prasad Gupta, Resident of Village-
Karpuri Tola Chauk, P.S. - Pupari, District - Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Satyanarayan Sah, Son of Bhubneshwar Sah, Resident of Village - Behta,
P.S. - Bennipatti, District - Madhubani.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Mahendra Thakur, Advocate
For the State : Dr. Rabindra Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
3 30-04-2019Learned counsel for the petitioner and learned APP for the State have assisted the Court.
2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief:
"That this is an application made on behalf of the petitioner above named for quashing the order dated 25.02.2013 passed by learned C.J.M., Madhubani in connection with Bennipatti P.S. Case No.81/2012, G.R. No.1552/12, which is corresponding to T.R. No.2552/14 by which learned Magistrate has took cognizance of the offence against the petitioner and another under Section 420, 406, 323, 504/34 of I.P.C., which is pending in the court of learned Sri Bashant Kumar, the learned Judicial Magistrate 1st Class, Madhubani."
3. The allegation against the petitioner and his father Patna High Court CR. MISC. No.6292 of 2015(3) dt.30-04-2019 2/3 was of taking money for supply of rice but neither the money was given nor the rice and later when the opposite party no. 2- complainant/informant asked for return of the money, they took his signature on blank paper, on a gun point. Further allegation is of taking away Rs. 1,50,000/- from the cash box and a gold chain from his neck.
4. Learned counsel for the petitioner submitted that the allegations made are totally false and as a counter blast to the case filed by the father of the petitioner being Benipatti P.S. Case No. 65 of 2012 dated 01.05.2012, in which chargesheet has also been submitted against the petitioner and the opposite party no. 2. It was submitted that the present complaint case was filed only on 03.05.2012, which has been sent to the police resulting in Benipatti P.S. Case No. 81 of 2012 dated 02.06.2012. Learned counsel drew the attention of the Court to Annexure-3, which is copy of order dated 22.08.2014, passed in Criminal Miscellaneous No. 6308 of 2014, in the case of Umesh Prasad Gupta @ Umesh Prasad, who is the father of the petitioner, by which the order impugned in the present case has been set aside, though only with regard to the petitioner of that case.
5. Issue notice to the opposite party no. 2, both under Patna High Court CR. MISC. No.6292 of 2015(3) dt.30-04-2019 3/3 registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within one week from today.
6. The matter be listed upon service of notice or appearance of the opposite party no. 2, whichever is earlier, among the top five cases.
7. Until further orders, there shall be stay of proceeding relating to Benipatti P.S. Case No. 81 of 2012 (G.R. No. 1552 of 2012/T.R. No. 2552 of 2014), pending before the Court below at Madhubani.
(Ahsanuddin Amanullah, J.) Anand Kr.
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