Dismissed

Arun Kumar @ Arun Singh and Ors. v. The State Of Bihar

Patna HC22 Jun 2018CR. REV./350/2018

Case brief

AI extract

What is this about?

In this criminal revision, petitioners challenged the framing of a charge under Section 307 IPC, arguing the FIR did not support it. The High Court refused to interfere despite the grievance's merit as charges were already framed, concluding the matter must be agitated at the trial.

What did the court decide?

Petition dismissed as withdrawn with liberty to agitate grounds at the trial regarding the framing of the charge.

Arun Kumar @ Arun Singh and Ors. Vs The State Of… — Murder and Culpable Homicide | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.350 of 2018

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Arising Out of PS. Case No.-54 Year-2016 Thana- NALANDA District- Nalanda

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

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1. Arun Kumar @ Arun Singh, S/o Anandi Singh, 2. Aniket Kumar S/o Arun Kumar @ Arun Singh,

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Shanti Devi W/o Arun Kumar @ Arun Singh, These three are R/o Mohalla- More, P.S.- Nalanda, District- Nalanda.

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Sanjay Singh S/o Late Mahadeo Singh, R/o Village- Barandi, Police Station- Katri Sarai, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar For the Respondent/s : Mr. Abhay Kumar Roy ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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3 22-06-2018

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The petitioners are aggrieved by the order dated 21.02.2018 passed by learned District and Sessions Judge, Nalanda in Sessions Trial No. 521 of 2017 whereby charges have been framed against them under Section 342, 323, 339, 307, 504/34 of the Indian Penal Code.

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The grievance of the petitioners is only to the extent of framing of charge under Section 307 of the I.P.C.; for the reasons that the offences alleged in the F.I.R. do not at all make out the case under Section 307 of the I.P.C. The parties are related to each other and from the the averments made in the F.I.R. as well as the materials collected during the course of investigation no

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Patna High Court CR. REV. No.350 of 2018(3) dt.22-06-2018 2/2

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case of Section 307 of the I.P.C. can at all be said to have been made out.

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However, since the charges have already been framed, this Court is not inclined to interfere with the aforesaid order.

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The grounds which are available to the petitioners can be agitated at the trial.

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The petition is thus dismissed as withdrawn with the liberty aforesaid.

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(Ashutosh Kumar, J)

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krishna/-

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U T

Arun Kumar @ Arun Singh and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Arun Kumar @ Arun Singh and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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