Krishna Chandra Jha and anr Vs. the State of Bihar and anr - Court Judgment

Excerpt:
patna high court cr.misc. no.240 of 2011 (2) dt.25-01-2011 in the high court of judicature at patna criminal miscellaneous no.240 of 2011 ====================================================== 1.krishna chandra jha , son of late kanai jha 2. bachcha jha alias bachcha babu, son of krishna chandra jha, resident of village- salepur (puchari tola) p.s. ghanshyampur, district-darbhanga .... .... petitioner/s versus 1.the state of bihar 2. chandra shekhar jha, son of late kanai jha, resident of village- brindavan bihari colony (paithani nathupur), p.s. beur, district- patna. .... .... opposite party/s ====================================================== appearance : for the petitioner/s : mr. vijay kumar, advocate. for the opposite party/s : mr. binod bihari singh, a.p.p. ====================================================== coram: honourable mr. justice shivaji pandey oral order (per: honourable mr. justice shivaji pandey”25. 01-2012 heard learned counsel for the petitioners and learned counsel for the state. this application has been filed for quashing the order dated 5.9.2009 passed by the judicial magistrate, patna in complaint case no. 2034 (c) of 2009 by which the learned magistrate has taken cognizance against the petitioners under sections 323, 379, 384 and 386 of the indian penal code. learned counsel for the petitioners submits that there is no material on record against the petitioners. i do not find any error in the impugned order and the allegation made in the complaint petition patna high court cr.misc. no.240 of 2011 (2) dt.25-01-2011 constitutes an offence. in this view of the matter, this application is dismissed with a liberty to the petitioners to raise all the points before the trial court at the appropriate stage. (shivaji pandey, j.) vinay/-

Judgment:
Patna High Court Cr.Misc. No.240 of 2011 (2) dt.25-01-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.240 of 2011 ====================================================== 1.Krishna Chandra Jha , son of late Kanai Jha 2. Bachcha Jha alias Bachcha Babu, son of Krishna Chandra Jha, resident of Village- Salepur (Puchari Tola) P.S. Ghanshyampur, District-Darbhanga .... .... Petitioner/s Versus 1.The State Of Bihar 2. Chandra Shekhar Jha, son of late Kanai Jha, resident of Village- Brindavan Bihari Colony (Paithani Nathupur), P.S. Beur, District- Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar, Advocate. For the Opposite Party/s : Mr. Binod Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY”

25. 01-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 5.9.2009 passed by the Judicial Magistrate, Patna in Complaint Case No. 2034 (C) of 2009 by which the learned Magistrate has taken cognizance against the petitioners under sections 323, 379, 384 and 386 of the Indian Penal Code. Learned counsel for the petitioners submits that there is no material on record against the petitioners. I do not find any error in the impugned order and the allegation made in the complaint petition Patna High Court Cr.Misc. No.240 of 2011 (2) dt.25-01-2011 constitutes an offence. In this view of the matter, this application is dismissed with a liberty to the petitioners to raise all the points before the trial court at the appropriate stage. (Shivaji Pandey, J.) Vinay/-