Dismissed

Chandeshwar Yadav @ Chande Yadav v. The State Of Bihar

Patna HC2 Jan 2018CR. MISC./51129/2014

Case brief

AI extract

What is this about?

The High Court of Patna dismissed the criminal miscellaneous petition seeking quashing of an order rejecting discharge application submitted under Section 227 CrPC, finding sufficient prima facie material in the re-statement and post mortem report to frame charges under Section 302 IPC.

What did the court decide?

The quashing application under Section 227 CrPC stands dismissed.

Chandeshwar Yadav @ Chande Yadav Vs The State Of… — Murder and Culpable Homicide | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51129 of 2014

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Arising Out of PS.Case No. -74 Year- 2011 Thana -MADHEPUR District- MADHUBANI

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====================================================== 1. Chandeshwar Yadav @ Chande Yadav Son of Kusheshwar Yadav, resident of village- Parikonch, P.S.- Marauna, District- Supaul

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.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramchandra Jha Raman For the Opposite Party/s : Mr. P.N.Pandit(App)

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====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER

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3 02-01-2018 Heard learned Counsel for the petitioners as well as the learned Counsel for the State.

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The petitioner seeks quashing of the order dated 1.11.2014 passed by the learned Additional Sessions Judge, IVth, Madhubani in Sessions Trial No. 741 of 2013 arising out of Madhepur PS Case No. 74 of 2011, whereby the petition filed for discharge under Section 227 of the Code of Criminal Procedure has been rejected.

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Learned Counsel for the petitioner submits that the petitioner is not named in the FIR, there is no any specific allegation against him in the entire case diary and as a result of case and counter case the petitioner’s name has been later on implicated.

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Having considered the rival submission and on perusal of the record it appears that in re-statement the informant has named the petitioner as one of the assailants, who assaulted over the head of the

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Patna High Court Cr.Misc. No.51129 of 2014 (3) dt.02-01-2018

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deceased with a piece of brick causing head injury and the post mortem report of the deceased also indicates cause of the death as internal hemorrhage and shock as a result of head injury. So there was prima facie specific material for framing charge against the petitioner also under Section 302 IPC besides other accused persons.

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Hence, the application stands dismissed.

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(Arun Kumar, J.)

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Snkumar/-

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U T

Chandeshwar Yadav @ Chande Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Chandeshwar Yadav @ Chande Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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