The High Court dismissed a curable petition under Section 482 Cr.P.C. seeking to quash an order dismissing a Section 227 Cr.P.C. petition, finding no ground for interference at this stage despite allegations of inconsistent injury reports.
Petition dismissed; proceedings in the trial court continued in accordance with law.
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.1128 of 2016
Arising Out of PS. Case No.-218 Year-2012 Thana- CHANDAUTI District- Gaya
======================================================
Satyendra Sharma Son of Ramanuj Sharma, R/o Village - Niyazipur, P.S. - Chandauti, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Asha Devi(App) ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT
Date : 10-09-2018
This petition has been filed under Section 482 Cr.P.C. for
quashing the order dated 08.10.2015 passed by learned Additional District and Sessions Judge-II, Gaya, in Sessions Trial No. 597 of 2014/417/2014 by which learned Sessions Judge has dismissed the petition filed by the petitioner under Section 227 Cr.P.C.
Heard learned counsel for the petitioner and the State.
Learned counsel for the petitioner has submitted that there is allegation against this petitioner of assaulting the son of the informant with pasuli on his neck, but there is no sharp cutting injury found on his person. The learned Additional Sessions Judge, Gaya has mentioned in the impugned order that total four injuries were found on the person of the son of the informant and eight grievous injuries were found on the person of the
Patna High Court Cr.Misc. No.1128 of 2016 dt.10-09-2018 2/2
informant.
In the written report, there is allegation that this petitioner and other accused persons attacked the informant and his son near the bush armed with iron rod, pasuli and revolver and brutally assaulted both of them. The learned Sessions Judge has mentioned in the impugned order that informant has sustained eight injuries and four injuries were found on person of the son of the informant.
The submission of the learned counsel for the petitioner that there was no injury of the pasuli on the person of the son of the informant can be seen at the stage of trial. This Court at this stage is not inclined to interfere with the impugned order.
This Cr. Misc. petition is, accordingly, dismissed.
The Court below will proceed in case in accordance with
law.
(Sanjay Priya, J)
shyambihari/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 15.09.2018 |
| Transmission Date | 15.09.2018 |
1 issue framed by the court
Whether the High Court should quash the Additional District and Sessions Judge's order dismissing the petitioner's Section 227 Cr.P.C. petition under Section 482 Cr.P.C.?
2 provisions across 1 enactments
Satyendra Sharma
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
