In a criminal appeal against a judgment abandoning prosecution, the Patna High Court dismissed the appeal, holding that since prosecution witnesses did not support the case, the trial court had no option but to disbelieve the prosecution case.
The appeal was dismissed; the abandonment of prosecution by the trial court was upheld.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.641 of 2013
====================================================== Braj Nandan Singh, S/O Late Raj Narain Singh of Village- Afabbakarpur, P.S. Bangra, District- Samastipur.
.... .... Appellant/s Versus 1. The State of Bihar. 2. Raja Thakur. 3. Mani Kant Thakur. both sons of Guni Thakur, Village- Saurath, P.S.- Rahika, DistrictMadhubani. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sambhu Sharan Singh, Advocate. For the Respondent/s : Mr. G.P. Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE V.N. SINHA)
2 15-07-2013 Heard.
has not found the witnesses supporting the prosecution case.
Patna High Court CR. APP (DB) No.641 of 2013 (2) dt.15-07-2013
2
(V.N. Sinha, J)
Bhardwaj/-
(Rajendra Kumar Mishra, J)
1 issue framed by the court
Whether the High Court was justified in dismissing the appeal against the Sessions Judge's order abandoning prosecution despite the existence of an FIR.
Braj Nandan Singh
The State of Bihar
Raja Thakur
Mani Kant Thakur
V.N. Sinha
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
