Dismissed

Manoj Kumar and Anr. v. the State of Bihar and Anr.

Patna HC10 Sept 2012CR. MISC./33484/2011

Case brief

AI extract

What is this about?

The High Court of Patna dismissed an application seeking to quash an order rejecting a discharge plea. The court declined to interfere at the discharge stage with the trial court's finding of sufficient evidence against the petitioners under various IPC sections.

What did the court decide?

Application for quashing the order rejecting the discharge application under Section 227 CrPC dismissed.

Manoj Kumar and Anr. Vs the State of Bihar and Anr. — Criminal Trial and Appeal | Patna HC (2012)

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Patna High Court Cr.Misc. No.33484 of 2011 (2) dt.10-09-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.33484 of 2011

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====================================================== 1. Manoj Kumar, son of Yogendra Choudhary, resident of Mohalla Hathsarganj, P.S. Town Hazipur, District- Vaishali at Hazipur.

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1. Chandeshwar Singh, son of Pradeep Singh, resident of Village- Saidpur Ganesh, P.S. Bidupur, District-Vaishali at Hazipur. .... .... Petitioner/s

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Versus

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The State Of Bihar 2. Prakash Kumar Singh, son of late Braj Bhushan Singh, resident of Mohalla_Pokhara, Cenema Road, P.S. Town Hazipur, District- Vaishali at Hzipur. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhakar Singh, Advocate. For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER

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2 10-09-2012 Heard learned counsel for the petitioners and learned counsel for the State.

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This application has been filed for quashing the order dated 26.7.2011 passed in S.T. No.118 of 2011, arising out of Hazipur Town P.S. Case No.121 of 2003 by the learned Additional District and Sessions Judge-4, Hazipur by which the court below has rejected the application filed by the petitioners under section 227 of the Code of Criminal Procedure.

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It appears from the record that the court below has taken cognizance under sections 147, 149, 337, 447 and 304 of the Indian Penal Code. After commitment the petitioners

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Patna High Court Cr.Misc. No.33484 of 2011 (2) dt.10-09-2012

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have filed an application for discharge stating therein that no case is made out against them and as such they should be discharged from the case. The court below has examined whole of the case diary and has recorded that there are sufficient materials in the case diary for framing charge under the aforesaid sections and according rejected the application.

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Learned counsel for the petitioners submits that the materials which are on record entitled the petitioners to discharge them from the case.

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From the record it appears that while passing the order the court below has elaborately dealt with evidence which are on record and found sufficient materials against the petitioners. At this stage this Court does not want to interfere with the impugned order. However, the petitioners will be at liberty to raise all points before the court below at the appropriate stage of trial.

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With the aforesaid observation this application is dismissed.

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Vinay/-

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(Shivaji Pandey, J)

Manoj Kumar and Anr. v. the State of Bihar and Anr.

Case brief

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Manoj Kumar and Anr. v. the State of Bihar and Anr.

Case brief

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