Single judge dismissed the petition for quashing the impugned order rejecting the discharge petition, finding no illegality as the lower court had sufficient evidence to frame charges.
Application under Section 482 CrPC to quash the order rejecting the petition for discharge was dismissed; the impugned order remains effective.
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.2029 of 2016
Arising Out of PS.Case No. -285 Year- 2013 Thana -DUMRAUN District- BUXAR
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Ram Ishwar Yadav, son of late Jagadish Yadav, resident of village - Akalupur, Post Office - Hariyana Farm, Dumraon, Police Station Dumraon, District - Buxar
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
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Appearance : For the Petitioner/s : None For the Opposite Party/s : APP
=========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 13-09-2018
This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 02.03.2015 passed by the Judicial Magistrate, 1st class, Buxar, in G.R. Case No.2672 of 2013 by which the learned Magistrate has rejected the petition filed by the petitioner under Section 239 Cr.P.C for his discharge.
None appeared on behalf of the petitioner. Counsel for the State is present.
Earlier also on 10.09.2018, none appeared on behalf of the petitioner.
From the written report and the impugned order, it
Patna High Court Cr.Misc. No.2029 of 2016 dt.13-09-2018
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appears that petitioner is named in the First Information Report. Learned Magistrate has mentioned in the impugned order that there are sufficient materials in the case diary to frame charge against the petitioner. Witnesses have supported the case of the prosecution in various paragraphs of the case diary as mentioned by the learned Magistrate.
Therefore, this Court does not find any illegality in the impugned order.
This application is, accordingly, dismissed .
The Court below will proceed with the case in accordance with law.
(Sanjay Priya, J)
J.Alam/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| UploadingDate | 15-09-2018 |
| Transmission Date |
15-09-2018 |
1 issue framed by the court
Whether Section 482 CrPC can be invoked to quash the rejection of discharge petition under Section 239 CrPC when trial court found sufficient evidence to frame charges.
2 provisions across 1 enactments
Ram Ishwar Yadav
The State of Bihar
Santara Devi
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
