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Haidar Ali Vs. the State of Bihar

Haidar Ali vs The State of Bihar

Type Court Judgment Court Patna Decided May 13, 2012
~2 min read
https://sooperkanoon.com/case/974851

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Citation
Court
Patna High Court
Decided On
Subject
Education

Case Summary

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

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Haidar Ali

Respondent

The State of Bihar

Excerpt

in the high court of judicature at patna criminal miscellaneous no.36383 of 2011 haidar ali versus the state of bihar ---------------------------------- 2. 13.1.2012 heard learned counsel for the petitioner and learned counsel for the state. learned counsel for the petitioner is permitted to add the complainant as opposite party no.2. this application has been filed for quashing the order dated 24.12.2009 passed by the judicial magistrate, ist class, bagaha, west champaran in complaint case not c-481 of 2009 whereby the learned magistrate has been pleased to take cognizance against the petitioner for the offences under section 498a and 323 of the indian penal code. learned counsel for the petitioner has submitted that all cause of action has taken place in the state of uttar pradesh and as such the order of cognizance is wrong. issue notice to opposite party no.2 under ordinary course as well as registered post with a/d for which requisites etc. must be filed within a period of one week, failing which this application as against him shall 2 stand rejected without further reference to the bench. in the meanwhile, further proceeding in complaint case no. 481-c of 2009 pending in the court of the judicial magistrate, ist class, bagaha, west champaran shall remain stayed. vinay/ ( shivaji pandey, j.)

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36383 of 2011 Haidar Ali Versus The State Of Bihar ---------------------------------- 2. 13.1.2012 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner is permitted to add the complainant as opposite party no.2. This application has been filed for quashing the order dated 24.12.2009 passed by the Judicial Magistrate, Ist Class, Bagaha, West Champaran in Complaint Case not C-481 of 2009 whereby the learned Magistrate has been pleased to take cognizance against the petitioner for the offences under Section 498A and 323 of the Indian Penal Code. Learned counsel for the petitioner has submitted that all cause of action has taken place in the State of Uttar Pradesh and as such the order of cognizance is wrong. Issue notice to opposite party no.2 under ordinary course as well as registered post with A/D for which requisites etc. must be filed within a period of one week, failing which this application as against him shall 2 stand rejected without further reference to the Bench. In the meanwhile, further proceeding in Complaint Case No. 481-C of 2009 pending in the Court of the Judicial Magistrate, Ist Class, Bagaha, West Champaran shall remain stayed. Vinay/ ( Shivaji Pandey, J.)

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