Allowed

Paras Choudhary v. the State of Bihar

Patna HC21 Aug 2013CR. MISC./10168/2011

Case brief

AI extract

What is this about?

In a criminal miscellaneous application, the Patna High Court quashed a summons issued to an acquitted petitioner to face a fresh trial. The court held that the impugned order impaired the judgment of acquittal concerning the petitioner which had not been challenged by appeal.

What did the court decide?

The order dated 10.5.2010 summoning the petitioner to face a new trial was quashed to the extent it concerned this petitioner.

Paras Choudhary Vs the State of Bihar — Criminal Trial and Appeal | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10168 of 2011

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====================================================== Paras Choudhary .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ======================================================
Appearance: For the Petitioner/s : Mr. Om Prakash For the Opposite Party/s : Mr. APP
====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER
6 21-08-2013 This application has been filed for quashing the order dated
10.5.2010 passed by Sri Ranjeet Kumar, Judicial Magistrate, 1st
Class, Muzaffarpur in New Trial No. 1046/10 under which
petitioner has been summoned for facing new trial in which he has
already been acquitted.

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Heard learned counsel for the parties.

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G.R. no. 1454/92, Tr. No. 93/99 decided by Sri Raj Kishore Chaubay, Judicial Magistrate, 1st Class, Muzaffarpur. In all six persons were made accused in the case for offences under sections 147, 148, 149, 341, 323, 325 and 504 of the Indian Penal Code. Trial ended in acquittal of this petitioner Paras Choudhary along with Manoj Choudhary and Sarju Choudhary while rest of the accused persons namely Krishna Choudhary, Murli Choudhary and Sarju Choudhary convicted under different sections of the Indian Penal Code for which they were charged. Convicted

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Patna High Court Cr.Misc. No.10168 of 2011 (6) dt.21-08-2013

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accused persons namely Krishna Choudhary, Murli Choudhary and Sarju Choudhary preferred appeal which was decided by Additional Sessions Judge, 3, Muzaffarpur.

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Appeal is allowed and the case was remanded with some direction at least to follow correct provision of law in which fresh charges must be explained to accused persons before following other procedure, basing such direction, the trial court issued summons for petitioner’s appearance to face the fresh trial.

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Objection here is raised that part decision of the trial court concerning acquittal of petitioner and others remained unchallenged as no appeal was filed against the same and any order or result in appeal against conviction, according to learned counsel for the petitioner, may not affect the effect of judgment of acquittal concerning this petitioner. Submission is accepted.

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It is hereby advised that under the circumstances of this case, whenever any judgment or order is passed by the appellate court, care should be there about specifying the result of appeal affecting the persons specifically to face trial.

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Further caution should be taken by the trial court that guidance should be taken from the provisions of Code of Criminal Procedure on the point of persons affected by the appellate court’s judgment or order. In any case mistake has been committed by the

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Patna High Court Cr.Misc. No.10168 of 2011 (6) dt.21-08-2013

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trial court in issuance of summons for appearance of persons acquitted by the trial court including this petitioner.

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In the discussed facts and circumstances of the case, the application is allowed and the order impugned dated 10.5.2010 is hereby quashed as far as concerns with this petitioner.

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(Mandhata Singh, J)

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A.I./-

Paras Choudhary v. the State of Bihar

Case brief

What is this about?

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Paras Choudhary v. the State of Bihar

Case brief

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