Dismissed

Arjun Singh and Ors. v. State Of Bihar and Anr.

Patna HC7 May 2013CR. MISC./36130/2012

Case brief

AI extract

What is this about?

The High Court dismissed a petition seeking quashing of an order rejecting a petition challenging an injury report under Section 227 Cr.P.C. The Court held that truthfulness of evidence cannot be examined at the charge-framing stage and merits lie with the trial court.

What did the court decide?

Petition for quashing of the impugned order dated 30.07.2012 dismissed with observation to raise objections at trial.

Arjun Singh and Ors. Vs State Of Bihar and Anr. — Criminal Trial and Appeal | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No. 36130 of 2012

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====================================================== 1. Arjun Singh, Son of Late Sone Lal Singh 2. Maha Singh, Son of Late Sone Lal Singh 3. Ajay Singh @ Ajay Kumar Singh, Son of Arjun Singh 4. Roshan Kumar, Son of Indra Bhushan Singh All R/o. Village Dubaha, P.S. – Sakra, District - Muzaffarpur .... .... Petitioner/s Versus 1. The State of Bihar 2. Prince Kumar, Son of Jitendra Kumar Singh, R/o Village – Bubaha, P.S. – Sakra, District – Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate Mr. Man Mohan Kumar, Advocate Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mr. M. Haque, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER

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3 07-05-2013 Heard.

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This is a petition for quashing the order dated 30.07.2012 passed by the learned Ad hoc Additional Sessions Judge No. 4^th , Muzaffarpur in Sessions Trial No. 308 of 2011 arising out of Sakra P. S. Case No. 294 of 2008 whereby and whereunder the petition filed under Section 227 Cr.P.C., dated 05.08.2011 on behalf of the petitioners has been rejected.

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From the impugned order, it is apparent that the petitioners have challenged the injury report which is alleged to be manufactured and obtained from Om Scan Centre, Dilip Bhawan Road No. 2, Rajendra Nagar, Patna 800016 which was issued by Dr. Ashok Mitra.

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However, the trial court at the stage of framing of the charge and discharge neither can take into consideration whether the documents are true or false nor can take into consideration the defence of the accused

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Patna High Court Cr.Misc. No.36130 of 2012 (3) dt.07-05-2013

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challenging the injury report or the medical report as manufactured.

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The trial court at the stage of framing charge can consider only whether the allegation made and evidence collected on the face value makes out an offence. However, neither the trial court at the stage of framing of the charge and discharge nor this Court at the stage of exercising jurisdiction under Section 482 Cr.P.C. can look into the truthfulness or falsity of the evidence collected. The meticulous examination of the evidence is only permissible at trial and this Court in exercise of the jurisdiction under Section 482 Cr.P.C. cannot usurp the jurisdiction of trial court to go into the question of the weighing the evidence or appreciating it to allow a mini trial. Hence, I do not find any merit in this application to interfere with the impugned order.

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However, the petitioners have option to raise the issue at the stage of trial, hence, with this observation the petition is hereby dismissed.

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(Gopal Prasad, J)

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Kundan/-

Arjun Singh and Ors. v. State Of Bihar and Anr.

Case brief

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Arjun Singh and Ors. v. State Of Bihar and Anr.

Case brief

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What the court decided

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