Justice Rakesh Kumar dismissed a petition seeking quashing of a trial court order rejecting a discharge petition, noting that the trial had already commenced with witness examination, leaving no reason to intervene.
The petition seeking quashing of the order rejecting the discharge petition stands dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30974 of 2013
Arising Out of PS.Case No. -383 Year- 2011 Thana -DANAPUR District- PATNA
====================================================== 1. Bengali @ Imamuddin, son of Late Afzal Haque @ Bholu, resident of Imalital, P.S- Danapur, Dist- Patna. 2. Sony Khatoon @ Musarat W/O Imamuddin @ Papa, resident of Nasriganj, Paithan Toli, P.S- Danapur, District- Patna. .... .... Petitioners Versus
.... .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4 09-08-2016 Heard Sri Ghanshyam Tiwary, learned counsel for the petitioners and Sri Kumar Rajeev learned counsel, who has appeared on behalf of the informant.
In the present case, the petitioners have prayed for quashing of an order dated 01.06.2013 passed by the learned Judicial Magistrate, 1st Class, Danapur in Danapur P.S. Case No.383/2011. By the said order, the learned Magistrate has rejected the discharge petition filed on behalf of the petitioner.
In this case, earlier by order dated 05.05.2016, while directing for issuance of notice to Opp.Party no.2, a report was called for regarding the stage of the case, which has been
Patna High Court Cr.Misc. No.30974 of 2013 (4) dt.09-08-2016
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receipt and kept at Flag-A. The report suggests that after rejection of discharge petition, charges were framed and till date altogether three prosecution witnesses have already been examined.
Keeping in view of the fact that the trial has already commenced, there is no reason to pass any positive order in favour of the petitioners.
The petition stands dismissed.
(Rakesh Kumar, J)
NKS/U
1 issue framed by the court
Whether the criminal miscellaneous petition for quashing the rejection of a discharge petition should be allowed given that the trial has commenced.
Bengali @ Imamuddin
Sony Khatoon @ Musarat
The State of Bihar
Vilkis Khatoon
Rakesh Kumar
As recorded by the court registry
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