In an application for discharge under Section 239 Cr.P.C., the Patna High Court dismissed the petition against the order refusing discharge in a criminal case involving a stolen vehicle. The Court held that the material referred in the FIR was trustworthy and could not be tested at the pre-charge stage.
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.37049 of 2015
Arising Out of PS. Case No.-37 Year-2009 Thana- GORIAKOTHI District- Siwan
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Parsuram Prasad @ Parsuram Sah son of Late Mahavir Sah, resident of Sisai, P.S. Goreakothi, District- Siwan.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anil Chandra, Adv For the Opposite Party/s : Mr.S.N Shukla, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT
Date : 13-01-2020
Heard learned counsel for the parties.
Patna High Court CR. MISC. No.37049 of 2015 dt.13-01-2020 2/2
prayer of discharge. The trustworthiness of the material cannot be looked into at the stage of hearing on charge.
accordingly, it stands dismissed as devoid of any merit.
(Birendra Kumar, J)
Nitesh/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 17.01.2020 |
| Transmission Date | 17.01.2020 |
2 issues framed by the court
Whether the petitioner was rightly refused discharge under Section 239 Cr.P.C. as the alleged material looked trustworthy.
Whether the order of refusal to discharge was devoid of merit and required to be quashed.
1 provisions across 1 enactments
Parsuram Prasad
The State Of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
