In an application to quash an order of taking cognizance for murder and arms offences, the Patna High Court found no illegality as the petitioner failed to appear for the framing of charges. The application was dismissed.
Application dismissed; Court below directed to proceed with trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12410 of 2017
Arising Out of PS.Case No. -2 Year- 2015 Thana -MANSURCHAK District- BEGUSARAI
=========================================================== 1. Anil Kumar Jha @ Anil Jha Son of Ram Balak Jha, Resident of Village- Dih Tabhka, P.S.- Bibhutipur, District- Samastipur.
.... .... Petitioner/s Versus
.... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 18-12-2017
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
This application has been filed for quashing the order dated 21.07.2016 passed by the learned Additional Chief Judicial Magistrate,1st , Begusari in Mansurchak P. S. Case No. 2/2015 by which the learned Magistrate has taken cognizance against the petitioner after submission of chargesheet for the offences punishable under Sections 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.
The legible Xerox copy of the case diary was called for vide order dated 14.01.2017 which has been received.
Patna High Court Cr.Misc. No.12410 of 2017 dt.18-12-2017
2/2
Learned A.P.P. after looking into paragraphs- 5, 70, 80 and 132 of the case diary submits that the name of this petitioner had transpired in those paragraphs.
The Court below has after submission of charge sheet by the police taken cognizance against the petitioner for the offence under Section 302/34 of the Indian Penal Code.
The report from the court below has been received. It has been mentioned in the report that the case was fixed on 17.03.2017 for framing of charge but the petitioner did not appear on that date and N.B.W. was issued against him on 26.07.2017.
Therefore, this Court does not find any illegality in the impugned order passed by the learned Magistrate. Accordingly, this application is dismissed.
The Court below is directed to proceed in the trial in accordance with law.
(Sanjay Priya, J)
Sudha/-
| AFR/NAFR |
|---|
| CAV DATE |
| UploadingDate |
| Transmission Date |
1 issue framed by the court
Whether the quashing application against the impugned order of taking cognizance discloses any illegality stemming from the case diary and subsequent proceedings.
Anil Kumar Jha @ Anil Jha
The State of Bihar
Uday Singh
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
