LAWS(SC)-2021-7-66

SHAHID IQBAL KHAN Vs. STATE OF BIHAR

Decided On July 13, 2021
Shahid Iqbal Khan Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal takes exception to the judgment and order dated 27.03.2019 passed by the High Court of judicature at Patna in Criminal Miscellaneous No.1281 of 2017, whereby the order passed by the Chief Judicial Magistrate dated 24.10.2016 summoning the private respondents to face trial for an offence punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code in connection with Banka P.S. Case No. 773 of 2015, G.R. No. 2802 of 2015 came to be set aside.

(3.) What is crucial to notice is that the Trial Court had not only taken cognizance of the subject offence, but the aggrieved private respondents had also resorted to remedy of discharge, which application stood rejected on 30.01.2019. That fact, however, has been completely glossed over by the High Court.