Single judge dismissed the application for quashing the order for taking cognizance in a criminal case involving sections 307 IPC and 27 Arms Act. The court found no merit and directed petitioners to raise points during charge framing.
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Patna High Court Cr.Misc. No.28277 of 2011 (3) dt.05-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28277 of 2011
====================================================== 1. Birendra Mahto S/O Late Ruplal Mahton Resident Of Village - Mathurapur , P.S. - Khagaria , District - Khagaria
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate. For the Opposite Party/s : Mr. A.M.P. Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
This application has been filed for quashing the order dated 4.7.2011 passed in Khagaria P.S. Case No.6 of 2011 by the Judicial Magistrate, Ist Class, Khagaria by which he has taken cognizance against the petitioners under sections 324 and 307 of the Indian Penal Code and 27 of the Arms Act.
Learned counsel for the petitioners submits that
the allegation that has been made in the First Information is not corroborated by the statement recorded by the police
Patna High Court Cr.Misc. No.28277 of 2011 (3) dt.05-09-2012
during investigation. He further submits that if the whole fact is taken into consideration then no case under section 307 of the Indian Penal Code is made out.
This Court does not find any merit in this application. Accordingly this application is dismissed with a liberty to the petitioners to raise all points before the court below at the time of framing of charge.
Vinay/-
(Shivaji Pandey, J)
2 issues framed by the court
Whether to quash the order taking cognizance against the petitioners under sections 324, 307 IPC and section 27 Arms Act.
Whether the allegations in the First Information Report are corroborated by police statements and if no case for extortion is made out.
Birendra Mahto
Vijay Mahto
Pravin Kumar
Saroj Kumar
State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
