This oral order dismissed an application under Section 482 CrPC seeking to quash the Sub-Divisional Judicial Magistrate's order rejecting the petitioners' discharge application under Section 245 CrPC, finding no abuse of process.
None. The application to quash the order dismissing the discharge application was dismissed.
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Patna High Court Cr.Misc. No.26187 of 2010 (7) dt.07-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26187 of 2010
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 27.03.2010 passed in Tr. No. 575 of 2010 arising out of Samastipur Town P.S. Case No. 200 of 1999 by the Court of Sub Divisional Judicial Magistrate, Samastipur, whereby the learned Magistrate, dismissed the application of the accused-petitioners filed under Section 245 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.26187 of 2010 (7) dt.07-12-2012
would be at liberty to raise all points, raised herein, at appropriate
stage in trial court.
(Rajendra Kumar Mishra, J)
Safik/-
1 issue framed by the court
Whether there is any illegality amounting to abuse of process of court in the Magistrate's order dismissing the application for discharge under Section 245 CrPC.
2 provisions across 1 enactments
Shiv Shankar Kumar
Dinesh Lal Mahto
Annpurna Devi
Pankaj Kumar
Vikas Kumar
Mintu Kumar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
