Petitioner sought addition of charge under Section 364 IPC in cognizance order. Court dismissed application as no prima facie evidence existed at that stage; addition permissible only if relevant evidence emerges during trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49265 of 2012
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Laxman Prasad Mehta, (Sant Jee) Laxman Mehta, S/O Late Newalal Mehta Resident of Village- Sadanandpur Panchayat- Jhiliya Dumaro, P.S- Bhaptiyahi, District- Supaul.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
=========================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 02-01-2018
Heard learned counsel for the petitioner and learned
counsel for the State.
Patna High Court Cr.Misc. No.49265 of 2012 dt.02-01-2018
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not finding the case true under Section 364 of I.P.C. No relevant ground was submitted before the court showing evidence collected during investigation indicating prima facie case being made out under Section 364 of I.P.C. The case is at the stage of trial as prosecution witnesses are being examined as submitted by the learned counsel for petitioner. The addition of charge under Section 216 Cr.P.C. can be taken up if relevant evidence comes during trial. In the present application, at this stage there is no merit, so it stands dismissed.
(Arun Kumar, J)
Sujit/-
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Laxman Prasad Mehta
The State of Bihar
Raghunath Mukhiya @ Ramji Mukhiya
Ghuran Mukhia
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
