ANIL KUMAR Vs. STATE OF BIHAR
LAWS(PAT)-2020-2-76
HIGH COURT OF PATNA
Decided on February 04,2020

ANIL KUMAR Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

Ahsanuddin Amanullah, J. - (1.) Heard learned counsel for the petitioner; learned A.P.P. for the State and learned counsel for the opposite party no. 2.
(2.) The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') for the following relief: "That the present application is being filed for quashing the cognizance order in Complaint Case no. 666/13 and entire proceeding of the case i.e. order dtd. 4.6.13 passed by R. K. Singh, Judicial Magistrate, 1st Class, Siwan whereby and whereunder he has taken cognizance against the petitioner and another under section 323,341,427,379,504/34 I.P.C. and also issued summons."
(3.) Pursuant to order dated 15.01.2019, the petitioner is also present. Upon a query of the Court as to why initially he had instructed his counsel that he was ready to apologize to the opposite party no. 2, but on the next date, he resiled from the position, the stand was that later on he had decided that he would contest the case. The Court finds such stand to lack bona fide and further, that the petitioner has not been fair to the Court. A litigant cannot play with the Court by conveying a stand through his counsel and when the Court proceeds on such premise, on the next date, a stand is taken totally contrary to the initial stand. The Court, thus, deprecates such conduct of the petitioner in the strongest terms.;


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