Dismissed

Sitaram Yadav @ Badri Yadav and Ors. v. State Of Bihar and Anr.

Patna HC3 May 2013CR. MISC./35859/2012

Case brief

AI extract

What is this about?

The High Court dismissed a criminal miscellaneous petition seeking quashing of a taking of cognizance order. It held that under Section 482 Cr.P.C., the court cannot decide on the veracity of opposing claims or verify an alibi defence during the quashing stage, as this amounts to a prohibited mini-trial.

What did the court decide?

No interference with the order taking cognizance; the petition is dismissed.

Sitaram Yadav @ Badri Yadav and Ors. Vs State Of… — Criminal Trial and Appeal | Patna HC (2013)

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Patna High Court Cr.Misc. No.35859 of 2012 (3) dt.03-05-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.35859 of 2012

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======================================================

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Sitaram Yadav @ Badri Yadav, son of Late Prem Lal Yadav.

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Ajay Yadav @ Ajay Kumar Yadav, son of Sitaram Yadav.

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Vijay Yadav @ Vijay Kumar Yadav, son of Sitaram Yadav.

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Sanjay Yadav @ Sanjay Kumar Yadav, son of Sitaram Yadav. All are resident of Kamalpur, P.S. Kunauli, District- Supaul. .... .... Petitioners. Versus

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State of Bihar.

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Ramotar Yadav, son of Dhuttar Yadav, Resident of Kamalpur (Pandey Tola), P.S. Kunauli, District- Supaul.

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.... .... Opposite Parties. For the petitioners : Mr. Shailendra Kumar Singh, Advocate. For the State : Mr. Parmeshwar Mehta, A.P.P. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER

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3 03-05-2013 Heard learned counsel for the petitioners and learned counsel for the State.

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This is an application for quashing the order dated 10.05.2012, passed by the learned Sub-Divisional Judicial Magistrate, Birpur, in connection with Kunauli P.S. Case No. 34 of 2010 by which cognizance has been taken for offence under Sections 341, 323, 325, 307 and 34 of the Indian Penal Code.

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The prosecution case as alleged that these petitioners came on the land of the informant and asked as to why they are harvesting the paddy crop on which the father of the informant disclosed that he is Bataidar. Thereafter co-accused Vijay Yadav gave farsa blow and Sanjay Yadav gave iron rod blow and Ajay Yadav assaulted by fists and slaps on the father of the informant.

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Learned counsel for the petitioners submits that the land in

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Patna High Court Cr.Misc. No.35859 of 2012 (3) dt.03-05-2013

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question on which occurrence took place belong to the petitioners and the petitioners have also filed a counter case and the petitioner was on duty at his school.

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However having regard to the fact and circumstance of the case, the informant claim the land as Bataidar and the petitioners claim the land as owner. It is claimed that there is case of case and counter case and the petitioner was on duty in school at the time of occurrence. Hence it is apparent that an occurrence took place. This Court in a exercise of power under Section 482 Cr.P.C. cannot go into the question about the falsity or truthfulness of the allegation and counter allegation between the parties nor can the defence of accused about alibi can be looked into at this stage. The defence case of alibi is required to be tested only at the stage of trial and to be tested by cross-examination. In a case of case and counter case, as who is aggressor is only to be decided during trial and not at this stage as it mount to conduct of mini trial which is prohibited at this stage.

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Hence I do not find any merit to interfere with the impugned order. Accordingly, the petition is dismissed. However, the petitioners may raise issue at the stage of framing of the charge.

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m.p.

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(Gopal Prasad, J)

Sitaram Yadav @ Badri Yadav and Ors. v. State Of Bihar and Anr.

Case brief

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Sitaram Yadav @ Badri Yadav and Ors. v. State Of Bihar and Anr.

Case brief

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