The Patna High Court disposed of a criminal miscellaneous application seeking quashing of an order directing final form processes. The Court found no infirmity in the impugned order.
Application disposed off with liberty to petitioners to raise contentions at the stage of framing of charge if not framed.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12149 of 2014
| ===================== 1. Ayanul Haque Sheikh. 2. Maula Sheikh. State of Bihar & Anr |
======================= .... ... Versus .... .... O |
======= . Petitio pposite Pa |
=== ner/s rty/s |
|
|---|---|---|---|---|
| ==================== CORAM: HONOURABLE SINGH ORAL ORDER |
======================= MR. JUSTICE DINESH KUM |
====== AR |
== | |
| 2 01 |
-04-2014Heard learn |
ed counsels for the |
petitio |
ners |
and the State. |
||||
The present |
application has been |
filed |
for |
|
quashing the order |
dated 30.05.2013 pas |
sed by |
the |
|
learned C.J.M., Bha |
bua (Kimur) in Chainpu |
r P.S. |
Case |
|
No. 200 of 2012 wh |
ereby the processes we |
re dire |
cted |
|
to be issued after |
cognizance being tak |
en for |
the |
|
offences punishable |
under Sections 323, |
341, |
109, |
|
307, 120B/34 of the |
I.P.C. and 27 of the |
Arms Ac |
t. |
|
It is subm |
itted by learned couns |
el for |
the |
|
petitioners that |
the petitioners are |
quite |
old |
|
persons and they |
were not sent up for |
trial |
but |
|
differing with the |
final form processes |
have |
been |
|
directed to be issu |
ed. |
|||
It appears |
from the impugned |
order |
that |
|
consideringthe |
materialcollecte |
ddu |
ring |
|
investigation, thethe final form. |
learned Magistrate di |
ffered |
with |
Patna High Court Cr.Misc. No.12149 of 2014 (2) dt.01-04-2014
2 / 2
This Court finds no infirmity in the
impugned order. The application is disposed off with
liberty to the petitioners to raise all the
contentions at the stage of framing of charge if the
charge has already not been framed.
Let the order be faxed to the learned court
below at the cost of the petitioners.
U.K./-
(Dinesh Kumar Singh, J)
1 issue framed by the court
Whether the High Court should quash the order directing final form processes after cognizance in the Chainpaur P.S. Case.
2 provisions across 2 enactments
Ayanul Haque Sheikh
Maula Sheikh
State of Bihar and Anr
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court