Case Facts:
Patna High Court Cr.Misc. No.43171 of 2010 (2) dt.13-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43171 of 2010 ====================================================== Arvind Kumar Mandal .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner : Mr. Dhirendra Singh, Advocate For the State : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER--- 2 13.07.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State on the point of admission and this petition is being disposed off on admission stage itself, Petitioner has prayed for quashing the order dated 1.4.2010 passed by the Chief Judicial Magistrate, Purnea in Banmankhi P.S. case no. 78/2009 by which and whereunder he had taken cognizance for the offences under [STATUTE] against the petitioner. The contention on behalf of the petitioner is that only suspicion has been raised against the petitioner and no legal and cogent evidence has been found against the petitioner in course of entire investigation. In my view, petitioner should raise the aforesaid plea at the time of framing of the charge and at the present stage, it would not be proper to quash the cognizance order. Accordingly, this petition stands dismissed at the admission stage itself. However, the petitioner may raise his plea before the Patna High Court Cr.Misc. No.43171 of 2010 (2) dt.13-07-2012 lower court and if he does so, the lower court shall consider the above stated plea of the petitioner on its own merit without being prejudiced by this order. Shahid ( Hemant Kumar Srivastava,J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.