✦ Patna High Court

AJIT KUMAR SINGH @ GUDDU KUMAR v. THE STATE OF BIHAR …. ….Opp.Parties

JUDICATURE AT PATNA CR.MISC No. 16744 of 2008RAKESH KUMAR

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Provisions considered

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16744 of 2008

1.

AJIT KUMAR SINGH @ GUDDU KUMAR son of Sri Deepnarayan Singh.

2.

Shashi Kumar Singh son of Upendra Pd. Singh Both resident of village-Salarpur, P.S.- Parbatta, Dist.-Khagaria.

3.

Pintoo Kumar @ Pinkoo Kumar son of Bhikhari Singh, resident of village-Jhandapur, P.S.-Bihpur, Dist.-Bhagalpur. …… …..Petitioners Versus

1.THE STATE OF BIHAR …. ….Opp. Parties -----------

2.7.2010. Today when the case was called out, none appeared on behalf of the petitioners. Yesterday also none had appeared on behalf of the petitioners either to press the petition or to make a prayer for adjournment. However, the case was adjourned for a day with an indication that no further adjournment shall be granted. Three petitioners, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, in sum and substance have prayed for quashing of the entire prosecution in Parbatta P.S. Case No.229 of 2007 arising out of G.R. No.1455 of 2007, which was initiated on the basis of complaint filed by one Prem Lata Devi. On perusal of paragraph-3 of the petition, it appears that investigation was still pending meaning thereby that no proceeding was pending. I have also perused the complaint petition. In the present case the offence as alleged is under sections 342, 376, 511 and 34 of the Indian Penal Code. I do not find any material warranting exercise of inherent power in favour of the petitioners. Accordingly, the 2 petition stands rejected. Md.S. ( Rakesh Kumar, J.)

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