IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34889 of 2007 RAM BINOD RAI Versus STATE OF BIHAR & ANR ----------- 4 30.10.2009 Heard learned counsel for the petitioner and the State. Petitioner has prayed for quashing of the order dated 19.10.2006 passed by Judicial Magistrate Ist class, Saran at Chapra in Chapra Town P.S. Case No. 171 of 2006 wherein he has taken cognizance for the offence under sections 387, 120(B) of the Indian Penal Code and summoned the accused person for facing trial. The Instant Chapra Town P.S. case No. 171 of 2006 has been instituted on the written report of Inspector-cum-Officer in charge Town Police Station who has stated therein that on 11.7.2006 One Prabhunath Prasad came to the police station and informed that ransom call is being made on his Phone No. 232065 by a person claiming himself to be to be D.N. Tiwary. Subsequently it also transpired that call has been made from, mobile No. 943164845, 9835250074 and 9835286833. It has been further alleged that Md. Hasimuddin, Dharmendra Kumar Manoj Sah , Ganesh Sah and D.N. Tiwary are involved in the crime. Learned counsel submits that the name of the petitioner is not given in the first information report. However, it transpires that eight calls were made from phone no. 232065 which was in the name of the father of the petitioner Raghunath Rai. The case of the petitioner is that though the house is in the name of his elder brother and others as such there was no possibility for the police to take him in custody in this case in absence of material. Counsel for the State submits that the petitioner and his brother - 2 - who is an advocate stays in the house and the petitioner offered no explanation for the number of calls made from his phone. Having heard counsel for the parties the petitioner may raise all these points at the time of framing of charge. The learned trial court would consider the case of the petitioner that his brother has filed a petition before the C.J.M, stating therein that he was taken away by the police on 16.8.2006 and was forwarded to the court only on 21.8.2006.The magistrate even has asked show cause from police official but no explanation has been submitted and the matter has remained pending since then. Learned Magistrate may again show cause the police officer in this respect With the above observation this application is disposed of. (Samarendra Pratap Singh, J) M.Rahman