In a miscellaneous application seeking quashing of an order of nondischarge, the single judge held that discharge questions involve facts unsuitable for trial court review under Section 482 Cr.P.C. The application was dismissed, directing the trial court to conclude proceedings expeditiously.
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.17849 of 2014
Arising Out of PS.Case No. -186 Year- 2012 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR
====================================================== 1. Ram Pravesh Thakur @ Pravesh Kumar Thakur son of Late Nageshwar Thakur resident of Mohalla Ganipur Mishra Tola, P.S- Kazimohamadpur, District- Muzaffarpur. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Umesh Prasad Singh S/o Late Raghunath Singh, Resident of village Khakhara, P.O- Ladura Pakri, P.S. Kurhari, District Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Neeraj Kumar alias Sanidh, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 20-11-2014 The Petitioner seeks quashing of the order of nondischarge dated 26.3.2014 passed by the 5th Additional Sessions Judge, Muzaffarpur in S.T. No.430 of 2013 arising out of Kazi Mohammadpur P.S. case No.186 of 2012.
Considering that the Petitioner seeks discharge on questions of fact which cannot be gone into at the stage of 482 Cr.P.C, I am not inclined to interfere in the matter. The application is dismissed.
The Trial Court is directed to conclude the trial expeditiously without granting unnecessary adjournments to any party. For which reason he shall send a list of the witnesses
Patna High Court Cr.Misc. No.17849 of 2014 (2) dt.20-11-2014
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fixing specific dates for each witness for their examination along with a copy of this order to the S.P., Muzaffarpur, who is directed to ensure the attendance of the witnesses on the date fixed by the Trial Court so that there is no further delay in the trial.
(Anjana Prakash, J)
Narendra/-
U T
1 issue framed by the court
Whether the High Court can interfere with an order of nondischarge made on questions of fact under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
482 Cr.P.CReferred¶4
Ram Pravesh Thakur @ Pravesh Kumar Thakur
The State Of Bihar
Umesh Prasad Singh
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
