High CourtsSingle Bench

Abinash Kumar vs The State of Bihar

Patna High Court · Decided on 22 April 2010 · Citation: (2010) 04 PAT CK 0129

HON’BLE JUDGES
Rakesh Kumar, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 109, 120B, 380, 406
RESULT
Dismissed
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Judgment

5 paragraphs · 211 words

Rakesh Kumar, J.—The sole petitioner, while invoking inherent jurisdiction of this Court u/s 482 of the Code of Criminal Procedure, has prayed for quashing of the entire proceeding in Tr. No. 421 of 1999 (Kotwali P.S. Case No. 21 of 1995) and has also prayed for quashing of the order dated 11.1.1999 passed by the learned Chief Judicial Magistrate, Gaya in Tr. No. 421 of 1999 (Kotwali P.S. Case No. 21 of 1995), whereby the learned Magistrate has taken cognizance of the offences u/s 406, 380, 120B and 109 of the Indian Penal Code.

2.

I have examined the impugned order as well as the F.I.R. While taking cognizance of the offences, the learned Magistrate has committed no error. Accordingly, I do not find any merit in the present petition and the petition stands rejected.

3.

The present case was admitted on 8.9.1999. While admitting the case, this Court had directed that during the pendency of this application further proceeding in the court below in Tr. No. 421 of 1999 (Kotwali P.S. Case No. 21 of 1999) shall remain stayed

4.

In view of the rejection of the present petition, the interim order of stay stands automatically vacated.

Let a copy of this order be sent to the court below forthwith.