Mishra J dismissed the petition for quashing the order rejecting the discharge application, finding no illegality or abuse of process of the Court.
Petitioner is at liberty to raise all points raised herein at appropriate stage in the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.22377 of 2010 (6) dt.03-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22377 of 2010
====================================================== Maheshwari Prasad son of Sri Jhari Prasad, resident of Village-Koldita, P.S.-Sirdala, District-Nawada, at present Metro Hospital, S.S. Complex, Khemnichak More, P.S.-Patrakarnagar, District-Patna. .... .... Petitioner Versus 1. The State Of Bihar. 2. Ranjan Kumar son of Sri Chandeshwar Prasad, resident of NY/72 Newyarpur, Janta Road, P.S.-Gardani Bagh, Patna. .... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Rajendra Narayan, Sr. Adv.
For the State : Mr. P.K. Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
6 03-12-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 17.05.2010 passed in Patrakar Nagar P.S. Case No. 140 of 2009 (G.R. No. 3500/09) by the Court of Sri Anand Kumar Singh, Judicial Magistrate, 1st Class, Patna, whereby the learned Magistrate rejected the application of the accused-petitioner filed under Section 239 of the Code of Criminal Procedure for discharge.
On perusal of the impugned order, I find no any illegality amounting to abuse of the process of the Court. Accordingly, this application is dismissed. However, the petitioner
Patna High Court Cr.Misc. No.22377 of 2010 (6) dt.03-12-2012
would be at liberty to raise all points, raised herein, at appropriate
stage in trial court.
(Rajendra Kumar Mishra, J)
Safik/-
2 issues framed by the court
Whether Section 482 CrPC can be invoked to quash the order rejecting discharge application under Section 239 CrPC.
Whether the impugned order amounts to abuse of the process of the Court.
2 provisions across 1 enactments
Maheshwari Prasad
The State Of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
