Patna High Court - Orders
Baleshwar Jha vs The State Of Bihar & Ors on 7 May, 2012
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7651 of 2011
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Baleshwar Jha
.... .... Petitioner/s
Versus
The State Of Bihar & Ors
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Manish Kumar, Advocate.
For the Opposite Party/s : Mr. Shaheen Begum, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
2 07-05-2012Heard learned counsel for the petitioner and learned counsel for the State.
In this case the petitioner is aggrieved by the order dated 27.12.2010 passed by the Additional Chief Judicial Magistrate, Benipur, Darbhanga in C.R. No. 66 of 2004 by which the court below in exercise of power under Section 91 of the Code of Criminal Procedure has called for a report from the Darbhanga Medical College.
Learned counsel for the petitioner submits that earlier the Magistrate has refused to take cognizance which was challenged before the sessions court and the sessions court set aside the order of the Magistrate and the order of the sessions court has been approved by this Court vide Cr. Misc. No.24487 of 2009. When the matter came up again for consideration before the court below, even before taking 2 Patna High Court Cr.Misc. No.7651 of 2011 (2) dt.07-05-2012 2/2 cognizance, the accused persons has filed an application under section 91 of the Code of Criminal Procedure making a prayer to call for a bed head ticket of the deceased and records from the Darbhanga Medical College for the ends of justice. He further submits that before the order of cognizance the accused persons has no locus standi to file an application and the court below is not required to look into. In support of his contention he has relied on the judgment of the Hon'ble Supreme Court in the case of Chandra Deo Singh V. Prokash Chandra Bose & Anr., reported in A.I.R. 1963 SC 1430.
Let notice be issued to opposite party nos. 2 to 7 under ordinary process as well as registered cover with A/D for which requisites etc. must be filed within a period or one week, failing which this application as against them shall stand rejected without further reference to the Bench.
Vinay/- (Shivaji Pandey, J)