Three petitioners challenged the dismissal of their Cr.P.C. 228 petition seeking quashing of proceedings. The Court noted trial had commenced and barred quashing but granted liberty to raise arguments at defence stage.
Petition disposed; liberty to raise the point of no offence at defence stage.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19946 of 2014
Arising Out of PS.Case No. -85 Year- 2010 Thana -CHAPRA CITY District- SARAN
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Mishra For the Opposite Party/s : Mr. Umeshanand Pandit(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
In the present petition the petitioners have prayed for quashing of an order dated 5.12.2013 passed by learned 1st Assistant Sessions Judge, Chapra, Saran in Sessions Trial No. 517 of 2011. By the said order petition filed on behalf of the petitioners under section 228 of the Cr.P.C. was rejected.
Learned counsel for the petitioners submits that there is material on record which suggests that no offence under section 307 of the I.P.C. is made out and other offences are triable by the learned Magistrate. However the learned Sessions Judge, according to learned counsel for the petitioners, has incorrectly
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rejected the petition. On being asked learned counsel for the petitioners accepts that after rejection of the petition by order dated 5.12.2013, subsequently charges were framed and till date two witnesses have already been examined.
Keeping in view the fact that trial has already commenced , it would not be appropriate for this court to pass positive order in favour of the petitioners. However without recording any opinion on the merit of the case this petition is disposed of granting liberty to the petitioners to raise the point, which has been raised in the present petition at defence stage.
The petition stands disposed of.
(Rakesh Kumar, J)
Praful/-
U T
3 issues framed by the court
Whether the order dismissing section 228 petition under Cr.P.C. should be set aside.
Whether liberty to raise argument at defence stage amidst commenced trial is appropriate.
Whether facts suggest no offence under section 307 IPC is made out.
2 provisions across 2 enactments
Sanjay Kumar
Bikash Kumar
Bishal Kumar
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
