Dismissed

Baidya Nath Rai and Ors. v. The State Of Bihar

Patna HC25 Apr 2013CR. MISC./35871/2012

Case brief

AI extract

What is this about?

This oral order dismissed an application for quashing cognizance challenged under CrPC. The Court held it cannot conduct a mini-trial to assess the truthfulness or authenticity of the injury report at the pre-trial stage, directing petitioners to raise this issue during framing of charges.

What did the court decide?

Application for quashing dismissed; petitioners directed to raise issue at stage of framing of charge.

Baidya Nath Rai and Ors. Vs The State Of Bihar — Cheque Dishonour | Patna HC (2013)

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Patna High Court Cr.Misc. No.35871 of 2012 (2) dt.25-04-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.35871 of 2012

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====================================================== 1. Baidya Nath Rai, son of Late Pitamber Rai. 2. Dinesh Rai. 3. Pramod Rai. 4. Murari Rai. All sons of Baidya Nath Rai. All of Village-Pachgachhia, P.S. Gaighat, District- Muzaffarpur. 5. Umesh Rai, son of Ram Sagarath Rai. 6. Ram Sagarath Rai, son of Nathuni Rai. Petitioner Nos. 5 and 6 are resident of Village- Chak Hazi, P.S. Bochahan, District-Muzaffarpur. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioners : Mr. Arun Kumar, Advocate. Mr. Nirmal Kumar Sinha, Advocate. For the State : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER

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2 25-04-2013 Heard learned counsel for the petitioners and learned counsel for the State. This is an application for quashing the order dated 08.09.2011, passed by the Chief Judicial Magistrate, Muzaffarpur, in Gaighat P.S. Case No. 245 of 2008, by which cognizance has been taken for offence under Sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code.

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Learned counsel for the petitioners submits that for offence under Section 307 I.P.C. is not made out in this case and cognizance has been taken on the basis of injury report which is manufactured document and has been brought on record by

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Patna High Court Cr.Misc. No.35871 of 2012 (2) dt.25-04-2013

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deception.

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This Court at this stage can not look and decide about the injury report given by the doctor to be recorded on deception nor can look into about the falsity or truthfulness of the injury as this matter to be decided during trial on the basis of evidence adduced by the party with opportunity to examine or cross-examine the witness and not by a mini trial at this Stage.

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Accordingly, I do not find any merit in this application, hence this application is dismissed. However, the petitioners may raise issue at the stage of framing of the charge.

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m.p. (Gopal Prasad, J)

Baidya Nath Rai and Ors. v. The State Of Bihar

Case brief

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Baidya Nath Rai and Ors. v. The State Of Bihar

Case brief

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What the court decided

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