In an oral order, this single-judge Bench dismissed the criminal revision filed by an accused challenging the Additional Sessions Judges decision remitting the case to a Magistrate Court for deficiency of evidence regarding Section 307 IPC.
Impugned order remitting the case is confirmed; criminal revision petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CR. REV. No.1300 of 2010 (2) dt.28-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1300 of 2010
| ====================================================== Manoj Kumar Singh son of late Balgobind Singh, resident of Village- Sabalpur, Police Station-Rajgir, District-Nalanda. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. P.C. Yadav, Adv. For the State : Mr. Binod Kumar No. 3, A.P.P. ====================================================== |
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| CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER |
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| 2 | 28-01-2013 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. |
| This criminal revision is directed against the order dated 04.08.2010 passed in Sessions Trial No. 575 of 2009 |
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| arising out of Rajgir P.S. Case No. 77 of 2008 by the court of | |
| 4thAdditional Sessions Judge, Nalanda at Biharsharif, | |
| whereby the learned Additional Sessions Judge remitted the case to the court of Chief Judicial Magistrate under Section |
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| 228 (i) of the Code of Criminal Procedure arriving at | |
| conclusion that no offence under Section 307 of the Indian Penal Code is made out against the accused-person and rest |
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| offences under Sections 341, 323, 504 and 307/34 of the | |
| Indian Penal Code are not exclusively triable by the court of |
Patna High Court CR. REV. No.1300 of 2010 (2) dt.28-01-2013
sessions.
On perusal of the impugned order, apparently, I
find no illegality for interference in revisional jurisdiction. Accordingly, this criminal revision stands dismissed.
(Rajendra Kumar Mishra, J)
Safik/-
1 issue framed by the court
Whether there is illegality in the impugned order remitting the case under Section 228(i) CrPC that bars revision under Section 379 CrPC.
3 provisions across 2 enactments
Manoj Kumar Singh
The State Of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
