Binesh Paswan @ Binesh Kumar @ ... vs The State Of Bihar
2023 Latest Caselaw 5355 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.21466 of 2023
          Arising Out of PS. Case No.-206 Year-2018 Thana- HARNAUT District- Nalanda
     ======================================================

1. BINESH PASWAN @ BINESH KUMAR @ DINESH PASWAN S/O

RAMANAND PASWAN R/O VILLAGE- SRICHANDRAPUR, P.S-

HARNAUT, DISTT.- NALANDA, BIHAR.

2. RAMANAND PASWAN S/O JAGGAN PASWAN R/O VILLAGE-

SRICHANDRAPUR, P.S- HARNAUT, DISTT.- NALANDA, BIHAR.

3. KUNAL PASWAN @ ABHISHEK KUMAR S/O BINESH PASWAN @

BINESH KUMAR @ DINESH PASWAN R/O VILLAGE-

SRICHANDRAPUR, P.S- HARNAUT, DISTT.- NALANDA, BIHAR.

4. AMRIKI DEVI W/O RAMANAND PASWAN R/O VILLAGE-

SRICHANDRAPUR, P.S- HARNAUT, DISTT.- NALANDA, BIHAR.

... ... Petitioner/s Versus THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Arvind Kumar, Adv For the Opposite Party/s : Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 16-10-2023 Heard learned counsel for the parties.

2. The petitioners have put to challenge in the present

application filed under section 482 of the CrPC, the order dated

20.11.2019 passed by the learned Chief Judicial Magistrate,

Biharsharif, whereby he has taken cognizance of the offences Patna High Court CR. MISC. No.21466 of 2023 dt.16-10-2023

punishable under sections 341, 323, 307, 504/34 of the Indian

Penal Code.

3. It is submitted on behalf of the petitioners that in the

FIR, nothing specific has been attributed against these

petitioners. It has further been submitted that, even if, the

allegations made in the FIR are taken to be true at their face

value they do not prima facie constitute any offence against the

petitioners.

4. I have perused the FIR. On reading of the FIR, it

transpires that according to the allegation, the occurrence had

taken place during the course of construction of a house. There

is specific allegation in the FIR of assault made by the accused

persons because of which the mother of the informant sustained

injuries. The submission on behalf of the petitioners that no

offence is made out based on what has been alleged in the FIR,

in the court's opinion, is untenable. I do not find any legal

infirmity in the impugned order dated 20.11.2019 taking

cognizance of the offences punishable under sections 341, 323,

307, 504/34 of the Indian Penal Code.

5. This application is, accordingly, dismissed.

6. The dismissal of the present application, however,

shall not prejudice the petitioners' case at any subsequent stage Patna High Court CR. MISC. No.21466 of 2023 dt.16-10-2023

i.e. at the stage of framing of charge and during the course of

trial.

(Chakradhari Sharan Singh, J) ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.10.2023
Transmission Date       19.10.2023