Dismissed

Ram Jee Singh and Ors. v. The State Of Bihar

Patna HC4 Mar 2016CR. MISC./23928/2015

Case brief

AI extract

What is this about?

The Patna High Court dismissed a quashing petition under Section 482 CrPC challenging the rejection of a remand application. The court held that the allegation of punishable intent under Section 307 IPC stands irrespective of the nature of injuries inflicted, making the impugned order legal.

What did the court decide?

The criminal miscellaneous application seeking quashing of the order rejecting the remand application was dismissed.

Ram Jee Singh and Ors. Vs The State Of Bihar — Cheating and Forgery | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.23928 of 2015

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Arising Out of PS.Case No. -8 Year- 2013 Thana -AAYAR District- BHOJPUR =========================================================== 1. Ram Jee Singh

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Bharat Singh

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Both are son of late Rama Shankar Singh resident of village Lakshmipur, P.S. Ayar, Distt. Bhojpur (Ara).

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Rajnish Ranjan @ Guddu Singh son of Ram Ayodhya Singh resident of village Kahane, P.S. Jagdishpur, Distt. Bhojpur (Ara).

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.... .... Petitioners

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Versus

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The State of Bihar.

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.... .... Opposite Party

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=========================================================== Appearance :

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For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate Mr. Chandan Kumar Verma, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ===========================================================

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 04-03-2016

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By way of the present application preferred under Section 482 of the Code of Criminal Procedure, 1973 (for short “CrPC”), the petitioners seek quashing of order dated 25.03.2015 passed by 8^th Ad hoc Additional Sessions Judge, Bhojpur, Arrah in Sessions Trial No. 27 of 2014, whereby the application filed under Section 228(1)(a)CrPC for remanding the case to the Court of Magistrate after framing of charge, has been rejected.

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The prosecution case, in brief, is that due to minor

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Patna High Court Cr.Misc. No.23928 of 2015 dt.04-03-2016

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scuffle between the parties, the petitioners assaulted three members of the prosecution party with lathi , danda and farsa . They all sustained injuries over their head.

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Learned counsel for the petitioner has contended that the allegations made in the FIR and material collected during investigation do not attract the ingredients of the offence punishable under Section 307 of the Indian Penal Code (for short “IPC”). Though there is allegation that the accused persons were assaulted with farsa , their injury reports would indicate that they had sustained injuries over their head caused by hard and blunt substance. He has further contended that admittedly, a false and fabricated case has been instituted by exaggerating the real story.

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Per contra , learned counsel for the State has contended that there allegation of use of lathi , danda and farsa and farsa can be used in both ways. The sharp side of the farsa would cause incised wound whereas the blunt portion of the farsa would cause lacerated wound. The doctor has opined that the victims had sustained lacerated wound on their person. He has further submitted that the nature of injury is not an imperative factor for attracting an offence punishable under Section 307 IPC.

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I have heard respective counsel for the parties and perused the record.

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Patna High Court Cr.Misc. No.23928 of 2015 dt.04-03-2016

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I find substance in the augments advanced by the learned counsel for the State. It is not necessary that the injuries capable of causing death should have been inflicted. What is the material to attract the provision of Section 307 IPC is intention or knowledge with which the act was done irrespective of its result. It is also true that weapon like farsa can also cause lacerated would and there is nothing unusual in the report submitted by the doctor wherein it has been said that the injuries caused on the head of the two of the victims were caused by hard and blunt substance.

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Regard being had to the totality of the circumstances, I do not find any illegality or irregularity in the impugned order. Accordingly, the application is dismissed.

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(Ashwani Kumar Singh, J.)

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Kanchan/-

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U T

Ram Jee Singh and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ram Jee Singh and Ors. v. The State Of Bihar

Case brief

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What did the court decide?

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