Nagendra Kumar Vs. State of Bihar - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.32889 of 2009 ====================================================== nagendra kumar son of sri laxmi narayan singh, resident of village- mayapur, p.o.-bhagwanpur, p.s.-katari sarai, district-nalanda. .... .... petitioner versus the state of bihar .... .... opposite party/s ====================================================== coram: honourable mr. justice rajendra kumar mishra oral order (per: honourable mr. justice rajendra kumar mishra”23. 01-2012 this application under section 482 of the code of criminal procedure is to quash the order dated 07.06.2008, passed in g.r. no. 942 of 2008 arising out of giriyak (katari sarai) p.s. case no. 77 of 2008 by the chief judicial magistrate, nalanda at biharsharif, taking the cognizance of the offence under sections 420 and 379 of the indian penal code and rules 4/40 (i)/26 of bihar minor mineral concession rules, 1972. while the learned counsel appearing on behalf of accused-petitioner made submission that the cognizance order in respect to offence under sections 420 and 379 of the indian penal code is illegal, but prays for withdrawal of this application with liberty to raise the point, raised herein, at patna high court cr.misc. no.32889 of 2009 (2) dt.23-01-2012 2/2 appropriate stage in trial court. prayer is allowed. this application is dismissed as withdrawn with the aforesaid liberty granted to the petitioner. (rajendra kumar mishra, j.) safik/-

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32889 of 2009 ====================================================== Nagendra Kumar son of Sri Laxmi Narayan Singh, resident of Village- Mayapur, P.O.-Bhagwanpur, P.S.-Katari Sarai, District-Nalanda. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA”

23. 01-2012 This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 07.06.2008, passed in G.R. No. 942 of 2008 arising out of Giriyak (Katari Sarai) P.S. Case No. 77 of 2008 by the Chief Judicial Magistrate, Nalanda at Biharsharif, taking the cognizance of the offence under Sections 420 and 379 of the Indian Penal Code and Rules 4/40 (I)/26 of Bihar Minor Mineral Concession Rules, 1972. While the learned counsel appearing on behalf of accused-petitioner made submission that the cognizance order in respect to offence under Sections 420 and 379 of the Indian Penal Code is illegal, but prays for withdrawal of this application with liberty to raise the point, raised herein, at Patna High Court Cr.Misc. No.32889 of 2009 (2) dt.23-01-2012 2/2 appropriate stage in trial Court. Prayer is allowed. This application is dismissed as withdrawn with the aforesaid liberty granted to the petitioner. (Rajendra Kumar Mishra, J.) Safik/-