Pramod Rajpati & Ors. vs State Of Bihar & Anr on 19 September, 2013
Learned counsel further submits that the decisions relied
upon by learned counsel for the opposite party no. 2 in the case of
Patna High Court Cr.Misc. No.4984 of 2013 (4) dt.19-09-2013
8/9
Haresh Kumar Singh (supra) and Mohd. Mokhtar Ahmad
(supra) are not applicable in the facts and circumstances of the
case since they have expounded the law which is not in dispute.
The Courts had decided with regard to quashing of the F.I.R. or
the complaint, which is not the case at hand, and also with regard
to making out a prima facie case for taking of cognizance. It is
submitted that not only prima facie but even upon proper
investigation, from the materials coming before the Court, the
taking of cognizance under Section 307 of the Indian Penal Code
cannot be justified either on facts or in law.