The Patna High Court dismissed an application under Section 228 Cr.P.C. seeking transfer of a case from Section 307/34 IPC to the钦级 magistrate court, holding the rejection of the plea was correct as sufficient evidence existed for conviction.
The quashing application under Section 228 Cr.P.C. was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40264 of 2011
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER
The prayer in this application has been made to quash the rejection of the petition filed by the petitioner under Section 228 Cr.P.C. praying that no offence under Section 307/34 I.P.C. as alleged is made out on the basis of the materials produced by the prosecution and therefore, since the offences triable by the court of Chief Judicial Magistrate or Judicial Magistrate of the first class are only made out, the matter should be transferred to appropriate court.
Patna High Court Cr.Misc. No.40264 of 2011 (2) dt.21-02-2013
2
The learned counsel for the petitioner has submitted that from the allegations in the First Information Report as well as from the injury report, it does not appear that the offence under Section 307/34 I.P.C. is made out. It has been urged that there has been no repetition of blows and therefore also no charge against the petitioner under Section 307/34 is established.
After considering the submissions of the learned counsel for the petitioner and perusal of the impugned order, it transpires that the learned court below has found sufficient materials to proceed against the petitioner under Section 307/34 and other Sections of the I.P.C. It is well settled that meticulous examination of the materials and evidence at the stage of framing of charges is not required and a prima facie existence of materials against the accused persons will suffice.
In this view of the matter, I do not find it a fit case for invoking the inherent jurisdiction of this court. Accordingly, the quashing application is dismissed.
Devendra/-
(V. Nath, J)
1 issue framed by the court
Whether the High Court should exercise inherent jurisdiction to quash the lower court's rejection of Section 228 Cr.P.C. petition.
2 provisions across 2 enactments
Nikhil Kumar Mishra
Abhishek Kumar
Murari Mishra
The State Of Bihar
Dr. Dharnidhar Mishra
V. Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
