Dismissed

Deepu @ Shailendra Kumar v. State Of Bihar and Anr.

Patna HC18 Sept 2018CR. MISC./5067/2016

Case brief

AI extract

What is this about?

The Patna High Court dismissed a Criminal Miscellaneous application seeking quashing of an impugned order taking cognizance in a case involving assault and attempted murder. Rejecting the petitioner's claim of lack of involvement, the Court held no illegality in the lower court's order due to sufficient material and vital injuries.

What did the court decide?

The Criminal Miscellaneous application was dismissed. The petitioner is directed to raise all points at the time of framing of charges.

Deepu @ Shailendra Kumar Vs State Of Bihar and Anr. — Quashing and FIR | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.5067 of 2016

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Arising Out of PS.Case No. -193 Year- 2014 Thana -SAHPUR District- PATNA

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=========================================================== Deepu @ Shailendra Kumar, son of Ram Bhawan Roy, resident of village - Sarari, P.S. - Shahpur, Distt - Patna.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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Jugeshwar Roy, son of late Shital Roy, resident of village - Sarari, P.S. - Shahpur, District - Patna.

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.... .... Opposite Party/s

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===========================================================

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Appearance :

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For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Anil Kumar, A.P.P.

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=========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 18-09-2018

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This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 04.08.2015 passed by learned Judicial Magistrate, 1^st Class, Patna, in Shahpur P.S. Case No. 193 of 2014 by which the learned Magistrate took cognizance against the petitioner and other accused persons for the offences under Sections 323, 504, 448 and 307 of the Indian Penal Code.

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It is alleged in the written report that father of the petitioner namely, Rambhuan Prasad, was digging hole in front of the house of informant. The daughter and wife of the informant objected, then petitioner and other co-accused persons as named in the written

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Patna High Court Cr.Misc. No.5067 of 2016 dt.18-09-2018

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report entered into the house of the informant and assaulted the informant, his wife and children with iron rod on their head causing injury to them. The co-accused Rambhuan Prasad also assaulted the informant.

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Heard learned counsel for the petitioner and learned counsel for the State.

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Counsel for the petitioner submits that police during investigation has mentioned that Supervising Authority (Dy. S.P.) in his supervision note has not found any involvement of the petitioner, but the court below has taken cognizance against the petitioner also along with other co-accused persons.

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Petitioner is named in the written report. There is specific allegation of overt act against the petitioner.

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The learned Magistrate has mentioned in the impugned order that there is sufficient material in the case diary against the petitioner. The informant along with his wife and children has sustained injuries on their head which are vital parts of the body.

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Therefore, this Court does not find any illegality in the impugned order.

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This Criminal Miscellaneous application is accordingly

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dismissed.

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Petitioner is directed to raise all the points as raised in

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Patna High Court Cr.Misc. No.5067 of 2016 dt.18-09-2018

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3/3

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this petition at the time of framing of charge.

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(Sanjay Priya, J)

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S.Ali/-

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AFR/NAFR	AFR
CAV DATE	N.A.
UploadingDate	24/09/2018
Transmission Date	24/09/2018

Deepu @ Shailendra Kumar v. State Of Bihar and Anr.

Case brief

What is this about?

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Deepu @ Shailendra Kumar v. State Of Bihar and Anr.

Case brief

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What did the court decide?

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