Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29756 of 2012 ====================================================== Haidar Ali @ Md. Haider Ali, S/O Late Md. Sadruddin, Resident of Village- Tiyay, P.S. Karamdey, District- Sheikhpura .... .... Petitioner/s Versus 1. The State of Bihar 2. Ranjit @ Ranjit Vishwakarma, S/O Banaras Mistri, Resident Of Village- Ahiyapur Musahari, P.S.- Sarmera, District- Nalanda 3. Manoj @ Manoj Kumar, S/O Ayodhya Prasad, Resident Of Village- Ahiyapur Musahari, P.S.- Sarmera, District- Nalanda 4. Alok @ Alok Kumar, S/O Satyendra Yadav, Resident Of Village- Gohri, P.S.- Chakan, District- Lakhisarai .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S. Rizwanul Haque, Adv. For the State : Mr. Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4. 04.12.2012 Heard learned counsel for the Petitioner and the State. The Petitioner is aggrieved with the order dated 16.6.2012 passed by the Additional District Judge (Adhoc), in Criminal Revision No. 03 of 2012 by which he has affirmed the order dated 30.11.2011 passed by the Chief Judicial Magistrate, Sheikhpura, by which he has taken cognizance under [STATUTE] in Sheikhpura P.S. Case No. 171 of 2011. It has been submitted that in the facts of the case, an offence under [STATUTE] is made out. Patna High Court Cr.Misc. No.29756 of 2012 (4) dt.04-12-2012 2 / 2 2 Since the order impugned is one of cognizance and proper stage as to what offence is made out in the facts of the case is best determined at the stage of framing of charge, I am not inclined to interfere in the matter. The application is disposed off with a direction to the Trial Court to consider at that stage as to whether an offence under [STATUTE] is made out in the facts of the case. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 201

Statute Text:
Section 201 of the Indian Penal Code. Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, If a capital offence. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false; if a capital offence — shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life — and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years imprisonment — and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.