PATNA HIGH COURT ISSUES JUDGEMENT ON MURARI THAKUR V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:

Heard Ms. Jyoti, learned counsel appearing for the petitioners and Dr. Mrityunjaya Kumar Gautam, learned APP appearing for the State.

2. The present application has been filed by the petitioners for quashing of the order dated 04.03.2020 passed by the learned Judicial Magistrate-2nd Class, Patna in connection with Kankarbagh P.S. Case No.74 of 2015, whereby the learned jurisdictional Magistrate has taken cognizance for the offence punishable under Section 364-A read with 34 of the Indian Penal Code (in short 'IPC') against the petitioners and also to set aside order dated 28.09.2022 passed by learned Additional Sessions Judge-XVI, Patna in Cr. Revision No.87 of 2021, by which the revision application filed by the petitioner against the order of cognizance dated 04.03.2020 was rejected.

3. The case of prosecution is based on the written information of the informant namely, Moni Devi, alleging inter alia that while she was in the clinic of Dr. R.N. Singh along with his brother, namely, Krishna Choudhary (victim) for the treatment of her husband Manoj Choudhary on 01.02.2025, at around 2.00 PM, some persons came there and took away her brother, namely,Krishna Choudhary, alongwith his Sumo Gold vehicle bearing Registration No.BR 11 M/9097.

4. On the basis of aforesaid written report, Kankarbagh P.S. Case No.74 of 2015 dated 01.02.2015 under Sections 363 and 365 of the IPC was lodged against unknown persons.

5. The police after investigation, submitted chargesheet against the petitioners before the court of learned Judicial Magistrate-2nd Class, Patna. The learned Jurisdictional Magistrate after perusing the charge-sheet and case diary, took cognizance against the petitioners and other accused persons for the offence punishable under Section 364-A/34 of the IPC on 24.03.2020.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiMxNzQ3MiMyMDIzIzEjTg==-pMVnbXva--ak1--AQ=

Disclaimer: Curated by HT Syndication.