Allowed

Arun Kumar Jha and Ors. v. State Of Bihar and Anr.

Patna HC27 Mar 2015CR. MISC./29852/2012

Case brief

AI extract

What is this about?

Petitioners filed an application to quash an order taking cognizance under Sections 395 IPC and 27 Arms Act. This court allowed withdrawal of such application with liberty to challenge the framing of charges, as charges were framed before the earlier stay order.

What did the court decide?

Application permitted to be withdrawn with liberty to challenge the order framing of charge.

Arun Kumar Jha and Ors. Vs State Of Bihar and Anr. — Criminal Trial and Appeal | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.29852 of 2012

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Arising Out of P.S. Case No. -431 Year- 2011 Thana -null District- DARBHANGA =========================================================== 1. Arun Kumar Jha S/O Late Nageshwar Jha 2. Vishwa Mohan Jha, S/o Late Hare Kant Jha 3. Satyam Kumar Jha, S/o Ganesh Chandra Jha. All are R/O Village- North Kasraur, P.S- Ghanshayampur, District- Darbhanga .... .... Petitioners Versus 1. The State of Bihar 2. Vinod Chaupal S/O Uchit Chaupal R/O Village- North Kasraur, P.SGhanshayampur, District- Darbhanga .... .... Opposite Parties =========================================================== Appearance : For the Petitioner/s : Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s : Mr. B. N. Pandey, Addl. P. P. For the O.P. No.2 : Mr. Prafull Chandra Jha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL JUDGMENT Date: 27-03-2015

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Heard learned counsel for the parties.

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The petitioners have initially filed this application against the order taking cognizance under Section 395 of the Indian Penal Code and Section 27 of the Arms Act passed by Judicial Magistrate, 1^st Class, Biraul at Benipur in Complaint Case No. 431 of 2011.

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During the pendency of this application, charges have also been framed against the petitioners. The petitioners have challenged the order framing charge by way of filing an Interlocutory application, bearing I.A. No. 2448 of 2014.

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It appears that on 13.11.2014, while hearing the

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Patna High Court Cr.Misc. No.29852 of 2012 dt.27-03-2015

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application challenging the order taking cognizance, this Court issued notice to the opposite party no.2 and stayed the further proceedings in the Court below.

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It further appears that before passing of the order dated 13.11.2014, charges were also framed, which fact was not to the notice of the learned counsel.

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In my view, as the charges were framed prior to passing of order, dated 13.11.2014, this application is permitted to be withdrawn with liberty to the petitioners to challenge the order framing of charge.

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This application stands disposed of.

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(Samarendra Pratap Singh, J.)

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Uday/-

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U T

Arun Kumar Jha and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Arun Kumar Jha and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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