Dismissed

Naushad Alam @ Laddan and Anr. v. The State Of Bihar

Patna HC5 May 2014CR. MISC./15804/2013

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition under Section 482 CrPC, the High Court at Patna examined an application seeking to quash an order rejecting the petitioners' discharge application under Section 227 CrPC. The bench observed that the order was reasoned and found no illegality in rejecting the discharge petition. Accordingly, the application to quash the order was dismissed.

What the court decided

AI extract

Naushad Alam @ Laddan and Anr. Vs The State Of Bihar — Criminal Trial and Appeal | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.15804 of 2013

¶3

====================================================== 1. Naushad Alam @ Laddan, S/o Wasi Ahmad. 2. Shahnaj Begam @ Nanhi, W/o Naushad Alam @ Laddan. Both are resident of Ward No.10, Near Chandra Takiz, Supaul, P.S.Supaul, Dist.-Supaul. ... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

¶4

2 05-05-2014 By invoking extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing of the order dated 7^th November, 2012 passed in Sessions Trial No. 160 of 2012 arising out of Supaul Mahila P.S. Case No. 02 of 2012 by which the application filed by the petitioners under Section 227 of the Code of Criminal Procedure for discharge has been rejected.

¶5

The petitioners were made named accused in the FIR registered for the offence punishable under Section 366A read with 34 of the Indian Penal Code. On conclusion of investigation, the police submitted charge sheet against them. The Magistrate concerned took cognizance of the offence and after complying with the requirements of Section 207 of the

¶6

Patna High Court Cr.Misc. No.15804 of 2013 (2) dt.05-05-2014

¶7

2 / 3

¶8

Code of Criminal Procedure committed the case to the court of sessions for trial.

¶9

At the stage of framing of charge, the petitioners filed an application for discharge under Section 227 of the Code of Criminal Procedure. The said application has been dismissed vide impugned order dated 7^th November, 2012.

¶10

The contention of the petitioners is that there is no direct evidence against the petitioners in the case and they have been named in the FIR on mere suspicion. The further contention is that the case rests on circumstantial evidence and there is no cogent material on the basis of which the petitioners can be put on trial.

¶11

On the other hand, learned counsel for the State submitted that from the order impugned itself, it would transpire that the court below has considered the statements of witnesses recorded under Section 161(3) of the Code of Criminal Procedure and found that there is sufficient material for proceeding against the petitioners.

¶12

Having heard the parties, I find that the court below has passed a reasoned order. It is well settled that at stage of framing of charge a mini trial has not been held. The court has to consider as to whether or not there is sufficient material to

¶13

Patna High Court Cr.Misc. No.15804 of 2013 (2) dt.05-05-2014

¶14

3 / 3

¶15

proceed in the matter. At this stage, the court has not to form an opinion as to whether those materials would be sufficient for conviction.

¶16

In that view of the matter, I find no illegality in the order. Accordingly, the application is dismissed.

¶17

(Ashwani Kumar Singh, J)

¶18

Sanjeet/-

Naushad Alam @ Laddan and Anr. v. The State Of Bihar

Case brief

What is this about?

What the court decided

Naushad Alam @ Laddan and Anr. v. The State Of Bihar

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashok Kumar Singh @ Ashok Singh Vs State Of Bihar and Anr.

Sanjay Sharma @ Sanjay Kumar Sharma Vs State Of Bihar and Anr.

Dharmendra Prasad Vs State Of Bihar and Anr.

Shiv Kumar Singh and Anr. Vs The State Of Bihar and Ors.

Arbind Kumar Singh @ Arbind Roy @ Arvind Rai and Anr. Vs State Of Bihar and Anr.

Vinay Kumar Singh @ Murari Singh Vs The State Of Bihar and Ors.