This order dismissed an application seeking quashing of an impugned order rejecting an application under Section 228 Cr.P.C. to quash the FIR in a case involving assault with intent to cause bodily injury under Section 307 IPC.
The application for quashing the order dated 05.12.2013 is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2128 of 2014
====================================================== 1. Raushan Rajak son of Hare Ram Rajak 2. Rakesh Rajak son of Hare Ram Rajak 3. Hare Ram Rajak son of Brahmdeo Rajak .... .... Petitioner/s Versus 1. The State Of Bihar 2. Shashi Bhushan Rajak son of Late Brahmdeo Rajak .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 17-01-2014 The present application has been filed for
quashing of the order dated 05.12.2013 passed by learned
Additional District & Sessions Judge, V, Begusarai in Sessions
Trial No. 14 of 2013, arising out of Baliya P.S. Case No. 141 of
2011, whereby petitioners’ application under Section 228 of the
Cr.P.C. has been rejected.
Accusation is of assaulting the informant and
taking away Rs. 1000/-
It is submitted by learned counsel for the
petitioners that nature of injury has been found to be simple
which does not reflect that petitioners had any intention to
commit the offence under Section 307 of the I.P.C.
In view of this Court, the intention can not
only be gathered from the nature of injury but also from the
weapon used and the part of the body where the assault has
been made. The impugned order reflects that informant
received injuries on the right side of the head.
Patna High Court Cr.Misc. No.2128 of 2014 (2) dt.17-01-2014
2/2
This Court finds no infirmity with the order impugned. Accordingly the application is dismissed in connection with Ballia P.S. Case No. 141 of 2011, Sessions Trial No. 14 of 2013.
(Dinesh Kumar Singh, J)
Shageer/-
1 issue framed by the court
Whether the order rejecting the application to quash the FIR under Section 228 Cr.P.C. suffers from any infirmity.
2 provisions across 2 enactments
Raushan Rajak
Rakesh Rajak
Hare Ram Rajak
The State Of Bihar
Shashi Bhushan Rajak
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
