The Patna High Court rejected an application under Section 482 CrPC seeking quashment of proceedings for murder and arms offences. The court found no merit in the petition and dismissed the application.
Application under Section 482 CrPC 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17349 of 2014
======================================================
All residents of village – Dharhara , P.S. Andhra Math, District – Madhubani. .... .... Petitioners Versus
The State of Bihar
.... .... Opposite Party
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
The present application under Section 482 of the Code of Criminal Procedure has been filed on behalf of the petitioner against the order taking cognizance of the offence passed by the learned Additional Chief Judicial Magistrate, Jhanjharpur in connection with Andhra Math Police Station Case No. 59 of 2009.
The aforesaid case was registered for the offence punishable under Section 302 read with 34 of the Indian Penal
Patna High Court Cr.Misc. No.17349 of 2014 (2) dt.18-04-2014
2/2
Code and 27 of the Arms Act.
On conclusion of investigation, the police submitted a report under Section 173 of the Code of Criminal Procedure. Petitioners were sent up for trial. The Magistrate concerned considered the materials available in the police report as also the statement of witnesses recorded under Section 161 (3) of the Code of Criminal Procedure in the case and found sufficient materials against the petitioners. Accordingly, cognizance of the offence has been taken.
I do not find any merit in the present application. Accordingly, the application is dismissed.
Jagdish/-
(Ashwani Kumar Singh, J)
1 issue framed by the court
Whether the High Court should exercise inherent powers to quash criminal proceedings initiated cognizance of murder and arms offences.
4 provisions across 3 enactments
Ramashish Mandal
Kuldeep Tarait
Laxmi Mandal
Indradeo Mandal
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
