The Patna High Court dismissed two Criminal Miscellaneous applications for quashing an order rejecting petitions for discharge under section 227 Cr.P.C., holding that the applications became infructuous as charges were framed and trial had commenced.
Applications disposed of with liberty to raise contentions during the 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.
Patna High Court Cr.Misc. No.9123 of 2016 (2) dt.11-05-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9123 of 2016
Arising Out of PS.Case No. -24 Year- 2013 Thana -GARHPURA District- BEGUSARAI
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.15686 of 2016
Arising Out of PS.Case No. -24 Year- 2013 Thana -GARHPURA District- BEGUSARAI
====================================================== Santosh Kumar Suman, S/o Arvind Singh, Resident of Village-Garhpura, P.S.-Garhpura, District-Begusarai.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : (In Cr.Misc. No.9123 of 2016) For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh, APP (In Cr.Misc. No.15686 of 2016) For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Uday Chandra Prasad, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
Patna High Court Cr.Misc. No.9123 of 2016 (2) dt.11-05-2017
APP for the State.
Both the applications have been filed for quashing of the order dated 16.12.2015, passed by the learned Sessions Judge, Begusarai, in S.T. No.554/2015, arising out of Garhpura P.S. Case No.24/2013 whereby the petitioners' applications for discharge under section 227 Cr.P.C. have been dismissed.
Learned Senior counsel for the petitioners very fairly submits that now the charges have been framed and the trial has commenced.
In view of the changed stage of the trial, the present applications have become infructuous. Accordingly, both the applications are disposed of with liberty to the petitioners to raise all the contentions during trial.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
1 issue framed by the court
Whether the applications for quashing of the order rejecting petitions for discharge under section 227 Cr.P.C. are maintainable given that the trial has commenced.
1 provisions across 1 enactments
Ram Rekha Devi
Sarita Kumari
Santosh Kumar Suman
The State of Bihar
Hare Narayan Sharma
DINESHKUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
