LAWS(PAT)-2016-9-112

ABHAY KUMAR @ ABHAI KUMAR S/O LATE KALIKA PRASAD, RESIDENT OF L/29, PARAO POKHAR, LANE NO. 2, AAM GOLA, MUZAFFARPUR Vs. THE STATE OF BIHAR

Decided On September 26, 2016
Abhay Kumar @ Abhai Kumar S/O Late Kalika Prasad, Resident Of L/29, Parao Pokhar, Lane No. 2, Aam Gola, Muzaffarpur Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Sri Gyan Prakash, learned counsel for the petitioner and Sri Damodar Prasad Tiwary, learned Addl. Public Prosecutor.

(2.) The sole petitioner, who at the relevant time was posted as Principal, L.S. College, Muzaffarpur, has approached this Court invoking its inherent jurisdiction under Sec. 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) with a prayer to quash an order dated 05-01-2011 passed in Complaint Case No. C-2436 of 2008, Trial No. 4066 of 2012 by learned Judicial Magistrate 1st Class, Muzaffarpur (hereinafter referred to as 'Magistrate'). By the said order, the learned Magistrate has taken cognizance of offence under Sec. 500 of the Indian Penal Code and directed for summoning the accused persons including the petitioner.

(3.) The petitioner has further prayed for quashing of an order dated 29th Sept., 2012 passed by learned Additional District & Sessions Judge - II, Muzaffarpur (hereinafter referred to as 'Addl. Sessions Judge') in Criminal Revision No. 49 of 2011, whereby, the revision preferred by the petitioner against the order of cognizance dated 05-01-2011 was dismissed.