The High Court of Patna declined to interfere with an order rejecting petitioners' discharge application, noting that four witnesses supported prosecution. The matter was disposed of with liberty to raise contentions during trial.
Application dismissed with liberty to raise all contentions during the trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9958 of 2014
====================================================== 1. Prem Prakesh Singh @ Pipi 2. Dhirendra Kumar 3. Manoj Kumar Singh 4. Binay Singh. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Ramesh Singh. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 21-04-2014 The present application has been filed for quashing of the order dated 23.10.2013 passed by learned Sessions Judge, Gaya in Cr. Rev. No. 134 of 2013 affirming the order dated 13.08.2013 passed by learned JM, 1st Class, Gaya in Complaint Case No. 1408 of 2008 whereby the petitioners’ application for discharge under Section 245 Cr. P.C. has been rejected.
The prosecution case is that the complainant and his brother were assaulted and Rs. 2,200/- and other articles were snatched.
It is submitted by learned counsel for the petitioners that no independent witness has supported the accusation. Moreover, petitioner no.1 was not present at the place of occurrence as he was posted in Railway at the relevant time.
It appears from the impugned order that altogether four
Patna High Court Cr.Misc. No.9958 of 2014 (3) dt.21-04-2014
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witnesses have been examined at pre-charge level under Section 244 Cr. P.C. and they have supported the accusation of assault and snatching Rs. 2,200/-.
This Court is not inclined to interfere at this stage. Accordingly, the application is disposed off with liberty to the petitioners to raise all the contentions during trial.
(Dinesh Kumar Singh, J)
Amrendra/-
2 issues framed by the court
Whether the High Court should interfere with the dismissal of discharge petition at the pre-charge stage.
Whether lack of independent witnesses warrants quashing of an interim order rejecting discharge.
2 provisions across 1 enactments
Prem Prakesh Singh @ Pipi
Dhirendra Kumar
Manoj Kumar Singh
Binay Singh
The State Of Bihar
Ramesh Singh
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
