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2021 Supreme(SC) 957

A. M. KHANWILKAR, SANJIV KHANNA
Shahid Iqbal Khan – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. B.H. Marlapalle, Sr. Adv., Mr. Abhijit Ganguly, Adv., Mr. Chand Qureshi, Adv., Mr. Harish Dasan, Adv., Mr. Hiren Dasan, AOR
For the Respondent: Mr. Saket Singh, Adv., Mrs. Niranjana Singh, AOR, Mr. Gaurav Agrawal, AOR

ORDER :

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.

4. In view of the subsequent development, after the order was passed by the Chief Judicial Magistrate on 30.01.2019, the High Court should not have interfered with the said order.

5. Accordingly, the impugned judgment and order is quashed and set aside while giving liberty to the private respondents to take recourse to such other remedy, as may be permissible in law, including consequent to

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