In quashing application by accused, Patna HC held that defence of false allegation is irrelevant for discharge purposes as sufficient materials existed to proceed with trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17362 of 2014
====================================================== 1. Maheshar Sah son of Late Janki Sah. 2. Santosh Kumar Sah son of Maheshwar Sah Both are resident of village – Adabari, P.S. Chautham, district – Khagaria. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 18-04-2014 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek quashing of the order dated 12th of March, 2014 passed by the Adhoc Additional Sessions Judge – II, Khagaria in Sessions Trial No. 358 of 2012 whereby and whereunder the application filed by the petitioners under Section 227 of the Cr. P.C. has been dismissed.
The petitioners are named accused in a case registered for the offence punishable under Sections 341, 307 read with section 34 of the Indian Penal Code and Section 27 of the Arms Act.
The police investigated the case and on conclusion of investigation submitted a report under Section 173 of the Code of Criminal Procedure finding the allegations made in the FIR to be true. The Chief Judicial Magistrate concerned took cognizance of
Patna High Court Cr.Misc. No.17362 of 2014 (2) dt.18-04-2014
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the offence and after complying with the provisions prescribed under Section 207 of the Code of Criminal Procedure committed the case to the court of sessions for trial. At the stage of framing of charge, the petitioners filed an application under Section 227 of the Code of Criminal Procedure which has been rejected by the Court below. Hence, the present application under Section 482 of the Code of Criminal Procedure has been filed.
Learned counsel for the petitioners has submitted that the allegations made in the FIR are false and the petitioners have been implicated in a fabricated and concocted case.
Be that as it may, the defence of the petitioners is not to be considered for the purpose of discharging them from prosecution. The court below has found sufficient materials to proceed in the matter against the petitioners and thus rejected the petition filed under Section 227 of the Code of Criminal Procedure.
I find no illegality in the order. Accordingly, the application is dismissed.
(Ashwani Kumar Singh, J)
Jagdish/-
1 issue framed by the court
Whether the High Court should quash the order dismissing the application under Section 227 CrPC finding materials enough for trial.
2 provisions across 1 enactments
Maheshar Sah
Santosh Kumar Sah
State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
