Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39443 of 2010 ====================================================== Raushan Kumar @ Kaushal Kishore Patel, son of Sri Ravindra Patel, resident of Mohalla- Jiriya Tamaling Ki Gali, Patnacity, Police Station- Khajekallan, District-Patna .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER --------------- 2 04-05-2012 Heard Sri Birju Prasad, learned counsel for the petitioner and Sri Binod Kumar, learned Addl. Public Prosecutor. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order, which was passed long back on 23.08.2003, whereby the learned Magistrate has taken cognizance of offence under [STATUTE] and Sections 25(1-B) A/26 of the Arms Act. Learned counsel for the petitioner submits that in the entire case diary, there is no material to connect the petitioner. Only on the ground that there was semblance of one of the accused with the petitioner, the petitioner has been made accused. Be that as it may, in this case the police after investigation submitted chargesheet and cognizance order was passed by the learned Magistrate long back in the year 2003. It would not be Patna High Court Cr.Misc. No.39443 of 2010 (2) dt.04-05-2012 2 / 2 2 appropriate for this Court to entertain such petition, which has come after such a long time. Accordingly, the petition stands dismissed. NKS/- (Rakesh Kumar, J)

Applicable IPC Section: 399

Statute Text:
Section 399 of the Indian Penal Code. Making preparation to commit Dacoity. Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.