Privy. The petitioner moved under Section 482 CrPC to quash an order dismissing her petition to frame charges. The court dismissed the application as the petitioner was absent and a revision was already pending before the lower court.
Application under Section 482 CrPC dismissed; interim order of 18-09-2018 vacated.
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.5271 of 2016
Arising Out of PS. Case No.-67 Year-2014 Thana- MAHESI District- East Champaran
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Subodh Thakur son of Fudan Thakur resident of village - Ghariyarichak, Police Station - Mehsi, District - East Champaran.
... ... Petitioner/s
Versus
O.P. No. 2 to 5 are resident of Village Ghariyarichak, Police Station - Mehsi, District - East Champaran.
... ... Opposite Party/s
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Appearance : For the Petitioner/s : None For the State : Mr. Jharkhandi Upadhyay, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 18-12-2018
Nobody appears on behalf of the petitioner. Learned A.P.P. for the State is present.
“ That this is an application for quashing the order dated 29.9.2015 passed in Trial No. 7448 of 2014 arising out Mehsi Police Station Case No. 67 of 2014 whereby and whereunder the petition dated 13.03.2015 of the informant/petitioner to frame the charge under Section 307 of the I.P.C. including
Patna High Court Cr.Misc. No.5271 of 2016 dt.18-12-2018 2/2
other sections as given in the first information report has been dismissed.”
vacated.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR U T
1 issue framed by the court
Whether the application under Section 482 CrPC for quashing of proceedings should be allowed in absence of the petitioner when a revision is pending before the court below.
1 provisions across 1 enactments
Subodh Thakur
The State of Bihar
Janak Ram
Rakesh Kumar
Sanjeev Kumar
Kamalesh Baitha
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
