Subhash Bhagat Vs. State of Bihar and anr

Subhash Bhagat vs State of Bihar and anr

Type Court Judgment Court Patna Decided May 12, 2012

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Citation: sooperkanoon.com/974556
Court: Patna High Court
Decided On: May 12, 2012
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Subhash Bhagat

Respondent

State of Bihar and anr

Excerpt

.....passed in complaint case no. 748 (c)/2007 by the judicial magistrate, 1st class, supaul by which he has taken cognizance under sections 376, 323 and 450 of the indian penal code. learned counsel for the petitioner submits that earlier the complaint petition has been dismissed under section 203 of the code of criminal procedure by the same court. in the revision filed by opposite party no.2 the order of dismissal was set aside by order dated 20.11.2008 and the magistrate was directed to pass a fresh order according to the provisions of law. learned counsel submits that the concerned judicial magistrate was obliged in light to the order of remand to make further enquiry and then only he could have arrived at upon a conclusion or taken cognizance in the matter but relying on the same materials upon which earlier he had dismissed the complaint, the impugned order is unsustainable. on merits also learned counsel submits 2 that the petitioner is the cousin brother-in-law (bhainsur) of opposite party no.2 and the allegation of rape is totally unbelievable. learned counsel further submits that the father of the petitioner had filed a case under sections 380 and 457 of the indian penal code against opposite party no. 2 who is the complainant as well as her husband and was threatened that she would implicate the petitioner in a case and accordingly a complaint case was filed after two days of lodging of the f.i.r. issue notice to opposite party no.2 both under registered cover with a/d as well as under ordinary process for which requisites etc. must be filed within two weeks from today. call for the lower court records from the court of the judicial magistrate 1st class, supaul in connection with complaint case no. 748(c)/07. during pendency of the present case, further proceedings in complaint case no. 748(c)/2007 pending before the judicial magistrate, 1st class, supaul shall remain stayed. (ahsanuddin amanullah, j.) anand kr.

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1970 of 2009 Subhash Bhagat Versus The State of Bihar & Anr. ---------------------------------- 4. 12.01.2012 Learned counsel for the petitioner and learned A.P.P. for the State are present. This application has been filed for setting aside the order dated 4.5.2009 passed in Complaint Case No. 748 (C)/2007 by the Judicial Magistrate, 1st Class, Supaul by which he has taken cognizance under Sections 376, 323 and 450 of the Indian Penal Code. Learned counsel for the petitioner submits that earlier the complaint petition has been dismissed under Section 203 of the Code of Criminal Procedure by the same Court. In the revision filed by opposite party no.2 the order of dismissal was set aside by order dated 20.11.2008 and the Magistrate was directed to pass a fresh order according to the provisions of law. Learned counsel submits that the concerned Judicial Magistrate was obliged in light to the order of remand to make further enquiry and then only he could have arrived at upon a conclusion or taken cognizance in the matter but relying on the same materials upon which earlier he had dismissed the complaint, the impugned order is unsustainable. On merits also learned counsel submits 2 that the petitioner is the cousin brother-in-law (Bhainsur) of opposite party no.2 and the allegation of rape is totally unbelievable. Learned counsel further submits that the father of the petitioner had filed a case under Sections 380 and 457 of the Indian Penal Code against opposite party no. 2 who is the complainant as well as her husband and was threatened that she would implicate the petitioner in a case and accordingly a complaint case was filed after two days of lodging of the F.I.R. Issue notice to opposite party no.2 both under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within two weeks from today. Call for the lower Court records from the Court of the Judicial Magistrate 1st Class, Supaul in connection with Complaint Case No. 748(C)/07. During pendency of the present case, further proceedings in Complaint Case No. 748(C)/2007 pending before the Judicial Magistrate, 1st Class, Supaul shall remain stayed. (Ahsanuddin Amanullah, J.) Anand Kr.

Same Court & Year Patna · 2012 Same Parties Subhash Bhagat vs State of Bihar and anr Same Subject Criminal