RAM SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

(2.) Cr. Misc. No. 32026 of 2023 has been filed by the petitioners challenging the order taking cognizance dtd. 7/1/2023 passed by the Additional Chief Judicial Magistrate, 2nd , Patna in connection with Complaint Case No. 855(C)/2021 for the offences punishable under Ss. 352/365/368/346/ 354/354A/354B/ &120B of the Indian Penal Code whereby and whereunder Ss. 323 and 504 of the Indian Penal Code against the petitioners and the petitioners have been summoned to face trial. The petitioners have challenged the entire proceeding arising out of Complaint Case No. 855 (C) of 2021 pending in the Court of Additional Chief Judicial Magistrate, 2nd , Patna.

(3.) Cr. Misc. No. 14227 of 2023 has been filed by the Complainant in connection with Complaint Case No. 855 (C) of 2021 and her prayer is for quashing the part of the order dtd. 7/1/2023 passed by the Additional Chief Judicial Magistrate, Patna in Complaint Case No. 855 (C) of 2021 whereby and whereunder despite there being sufficient materials available against the Accused No. 1 i.e., Upendra Sharma, O.P. No. 2, cognizance has been taken only against accused Rama Shankar Singh, Rajeshwar Prasad and Arun Kumar Singh and no offence was made out against Upendra Sharma.