In criminal miscellaneous proceedings, the High Court of Patna dismissed the petitioner's application for quashing an order rejecting his prayer for discharge under Section 245 CrPC as the application was misconceived with no illegality pointed out.
The petitioner's application was dismissed as it was completely misconceived.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43156 of 2012
====================================================== Shambhu Yadav S/O Dharichhan Yadav, resident of Village- Naraipur, Police Station- Bagaha, District- West Champaran .... .... Petitioner/s Versus 1. The State of Bihar 2. Munna Prasad Chaurasia S/O Nand Lal Chourasia, resident of VillageShastri Nagar, Police Station- Bagaha, District- West Champaran .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------- 2 23-04-2015 Heard the parties. By the impugned order dated 18.07.2012 passed by the learned Sub Divisional Judicial Magistrate, Bagaha, West Champaran in Tr.No. 1642 of 2012 arising out of Complaint Case No. C-66 of 2003, the prayer for discharge made on behalf of the petitioner in terms of Section 245 of the Code of Criminal Procedure has been rejected. Learned counsel appearing on behalf of the petitioner has not been able to point out any illegality or irregularity in the impugned order dated 18.07.2012. The application is completely misconceived and is, accordingly, dismissed.
(Birendra Prasad Verma, J)
Tahir/-
U T
1 issue framed by the court
Whether the rejection of the petitioner's prayer for discharge under Section 245 CrPC by the Sub Divisional Judicial Magistrate was illegal or irregular.
1 provisions across 1 enactments
Shambhu Yadav
The State of Bihar
Munna Prasad Chaurasia
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
