Criminal Miscellaneous application filed for quashing an order directing issue of process after cognizance. Court declined interference due to nature of accusation and fact of chargesheet, allowing liberty to raise contentions at framing of charge.
Application disposed off with liberty to raise contentions at framing of charge.
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Patna High Court Cr.Misc. No.50 of 2014 (2) dt.06-01-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50 of 2014
| ====================================================== Chandan Rai .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== |
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|---|---|---|
| CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER |
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| 2 | 06-01-2014 | The present application has been filed for quashing of |
| the order dated 10.09.2013 passed by learned CJM, Gopalganj in | ||
| Gopalpur P.S. Case No. 66 of 2013 whereby the process has been directed to be issued after cognizance being taken for the offences |
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| punishable under Sections 307 and 504/34 of the IPC and Section | ||
| 27 of the Arms Act. | ||
| Considering the nature of accusation and the fact that | ||
| the petitioner was chargesheeted after investigation, this Court is not inclined to interfere in the matter at this stage. |
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| Accordingly, the application is disposed off with a | ||
| liberty to the petitioner to raise all his contentions at the time of | ||
| framing of charge, if the charge has already not been framed. |
(Dinesh Kumar Singh, J)
Amrendra/-
2 issues framed by the court
Whether the High Court should quash the order directing issue of process after cognizance in offences under Sections 307, 504, 34 IPC and Section 27 Arms Act.
Whether the nature of accusation and fact of chargesheet after investigation warrants interference at this stage.
2 provisions across 2 enactments
Chandan Rai
State Of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
