An original jurisdiction petition challenging the rejection of a discharge application. The High Court observed that adequate material exists to sustain the charges and dismissed the petition, adding that both related pending cases should be tried in the same court.
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Patna High Court Cr.Misc. No.13555 of 2011 (3) dt.31-07-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13555 of 2011
====================================================== 1. Binodanand Yadav @ Bipin Yadav S/O Late Dineshwar Prasad Yadav, R/O Village - Shaligrami, P.S. - Sahebpurkamal, District - Begusarai .... .... Petitioner/s Versus 1. The State Of Bihar 2. Bishwa Bandhu Kanhaiya S/O Late Rajapati Yadav R/O Village - Shaligrami, P.S. - Sahebpurkamal, District - Begusarai .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hare Krishna Prasad, Adv. For the Opposite Party/s : Mr. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 31-07-2012 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is challenging the order dated 24.2.2011 arising from Sahebpurkamal P.S. Case No. 22/2005 for offences under sections 341, 323, 379/34 of the Indian Penal Code and later, on the death of the informant namely, Rajpati Yadav, sections 307 and 302 I.P.C. was added in this case.
It appears that an application for discharge was filed which has been rejected by the court below.
From the F.I.R. it appears that the
informant/deceased, Rajpati Yadav had made allegation against the petitioner that while he was coming with Rs. 5,000/- which was meant for the School, these accused persons intercepted and demanded the money. On protest, these persons assaulted the
Patna High Court Cr.Misc. No.13555 of 2011 (3) dt.31-07-2012
informant which led to institution of Sahebpurkamal P.S. Case No. 22/2005 but after the death of informant/deceased another case i.e. Sahebpur Kamal P.S. Case No.155/2006 had been instituted for offences under sections 302, 201 and 420 of the Indian Penal Code against the son of deceased/ informant.
From the record it appears that after thorough investigation by the Superintendent of Police who had found that the deceased has not died due to earlier injury rather at the subsequent stage, a fresh injury was caused which led to death of Rajpati Yadav. The Superintendent of Police has suspected that the son of Rajpati Yadav was involved in sustaining the injury which may be cause of death.
The court has considered and found sufficient materials against the petitioners and refused to discharge these petitioners but one thing is apparent i.e. two cases namely, Sahebpurkamal P.S. Case Nos. 22/2005 and 155/2006 are on record for cause of the death of Rajpati Yadav so it is always desirable that both the cases should be tried by the same court in order to avoid conflicting of the judgment.
With this observation, this petition is dismissed.
(Shivaji Pandey, J)
Mahesh/-
2 issues framed by the court
Whether the petitioner is to be discharged under Section 239 CrPC given sufficient material against him.
Whether the two pending criminal cases regarding the death should be tried by the same court to avoid conflicting judgments.
Binodanand Yadav @ Bipin Yadav
The State Of Bihar
Bishwa Bandhu Kanhaiya
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
