Jagat Shankar Prakash @ Jagat Shankar Prasad @ Jagat Shankar S/o Late Madan Mohan Prasad vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Pat) 1599

IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Jagat Shankar Prakash @ Jagat Shankar Prasad @ Jagat Shankar S/o Late Madan Mohan Prasad – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Appellant : Manoj Kumar
For the Respondent: Kumar Veerendra Narayan

JUDGMENT :

PURNENDU SINGH, J.

1. Heard Mr. Manoj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Kumar Veerendra Narayan , learned APP for the State.

2. The petitioner has preferred the application under Section 482 Cr.P.C. for quashing of the order dated 29.11.2017 passed in connection with Complaint Case No. 795(C) of 2016 by the learned Additional Chief Judicial Magistrate, Danapur, Patna whereby cognizance of offence has been taken under Sections 323, 341, 504, 354A of the Indian Penal Code against the petitioner.

3. Learned counsel appearing on behalf of petitioner submitted that Complaint Case No.795(C) of 2016 was filed making petitioner as accused under Sections 323, 341, 504, 354A of the Indian Penal Code and cognizance of the offence was taken on 29.11.2017. The petitioner was produced before the Court after having summon served on 24.10.2017 and in most mechanical manner without following the procedure prescribed under section 244 of the Cr.P.C. The Magistrate proceeded to continue with the trial for the offence under the above Sections. Learned counsel submitted that the Section 244 of the Cr.P.C. prescribes for fixing date and giving opportunity to the