This order dismisses an application to quash an order rejecting a discharge petition. The High Court held that evidence shows grave suspicion against the petitioner, justifying the framing of charges despite a final form showing the case as false.
The application to quash the impugned order dated 17.12.2020 is dismissed.
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.19039 of 2021
Arising Out of PS. Case No.-208 Year-2019 Thana- JANDAHA District- Vaishali
======================================================
Ramu Sahani @ Ramu Kumar Sahani, Son of Late Lala Sahani, Resident of Hathsarganj, P.S.- Hajipur Town, District- Vaishali at Hajipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
... ... Opposite Party/s
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 20-04-2022
Learned counsel for the petitioner is permitted to
remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
APP for the State.
Patna High Court CR. MISC. No.19039 of 2021(2) dt.20-04-2022 2/5
persons took away the deceased and shot him dead. However, after proper investigation, the investigating officer has submitted final form showing the petitioner as innocent, but the learned court below (Sub-Divisional Judicial Magistrate, Vaishali at Hajipur) differing with the final form has taken cognizance under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act against this petitioner also.
Patna High Court CR. MISC. No.19039 of 2021(2) dt.20-04-2022 3/5
course of investigation, witnesses have supported the prosecution case and moreover, the accused-petitioner is named in the F.I.R. and there is allegation of taking away the deceased and, as such, found no merit in the discharge petition and accordingly rejected the petition for discharge vide order dated 17.12.2020.
Patna High Court CR. MISC. No.19039 of 2021(2) dt.20-04-2022 4/5
by and large if two views are equally possible and if a judge is satisfied that the evidence produced before him giving rise to some suspicion, but not grave suspicion against the accused, he will be fully within his rights to discharge the accused. The judge cannot act merely as a post-office or a mouth piece of prosecution, but has to consider the broad probabilities of the case, the total effect of the statements and the documents produced before the Court, any basic infirmities appearing in the case and so on. This, however, does not mean that the Judge should make a roving enquiry in the pros and cons of the matter and weigh the materials as if he was conducting trial. If on the basis of the material on record, the Court could form an opinion that the accused might have committed offence, it can frame the charge, though for conviction the conclusion is required to be proved beyond reasonable doubt that the accused has committed the offence.
Patna High Court CR. MISC. No.19039 of 2021(2) dt.20-04-2022 5/5
dismissed.
(Harish Kumar, J)
uday/-
U T
2 issues framed by the court
Whether the High Court should interfere in the order of the Additional Sessions Judge rejecting the discharge petition under Section 227 Cr.P.C.
Whether sufficient prima facie case exists against the petitioner necessitating the framing of charges.
Colour shows how this judgement treated each authority
Sajjan Kumar Vs. Central Bureau of InvestigationReferred¶29
(2010) 9 SCC 368 · Who else cites this
State By the Inspector of Police, Chennai Vs. S. Selvi and AnrReferred¶29
(2018) 13 SCC 455 · Who else cites this
3 provisions across 3 enactments
Ramu Sahani
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
