Awadhesh Kumar Yadav Vs the State of Bihar

Patna High Court Cr.Misc. No.13460 of 2012 (4) dt.25-07-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13460 of 2012 ====================================================== 1. Awadhesh Kumar Yadav, S/O Govind Prasad Yadav resident of villageShreepur, P.O.+P.S. Sangrampur, Distt. Munger .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 25-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State on the point of admission and in my view, this petition can be disposed of on admission stage itself.

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Petitioner has prayed for quashing the order dated 21.02.2012 passed by Additional Sessions Judge, Fast Track Court Speed, Munger in Sangrampur P.S. Case No. 122 of 2008 corresponding to Sessions Case No. 874 of 2010 by which and whereunder he rejected the petition filed under Sections 227 of the Cr.P.C. on behalf of the petitioner and also framed charge against the petitioner under Sections 325/34 and 307/34 of the Indian Penal Code.

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The sole grievance of the petitioner is that no case under Section 307/34 of the Indian Penal Code is made out but in spite of that learned trial court has framed charge for the above

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Patna High Court Cr.Misc. No.13460 of 2012 (4) dt.25-07-2012

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stated offences.

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Since the charge has already been framed and the learned trial court has got jurisdiction to pass order of conviction even in a lesser section, therefore, I am of the opinion that this petition does not have any merit and must be dismissed on admission stage itself.

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Accordingly, this petition stands dismissed on admission stage itself.

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(Hemant Kumar Srivastava, J)

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SHAHZAD/-

Awadhesh Kumar Yadav v. the State of Bihar

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Awadhesh Kumar Yadav v. the State of Bihar

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