Md. Fazle Ali @ Rizvi @ Phajlay @ Rizwi v. The State Of Bihar
Case brief
What is this about?
Single judge dismissed a petition seeking to quash charges framed against the petitioner under IPC Sections 225 and 506. The court held that 'lawful detention' includes arrest by a private person and that the FIR discloses a case for offence.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25977 of 2018
Arising Out of PS. Case No.-220 Year-2016 Thana- RUPAULI District- Purnia
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Md. Fazle Ali @ Rizvi @ Phajlay @ Rizwi S/o Late Zakiruddin , R/o Vill.Chapahari, P.S.- Rupauli, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Md. Shahab Khalil, Advocate For the Opposite Party/s : Sri Sanjay Kumar Pandey, APP
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Issues for consideration
3 issues framed by the court
Whether there are grounds to exercise inherent jurisdiction under Section 482 Cr.P.C. to quash the order framing charges against the petitioner for offences under Sections 225 and 506 IPC.
Whether the legal interpretation of 'lawful detention' under Section 225 IPC encompasses detention by a private citizen under Section 43 Cr.P.C.
Whether the allegations in the FIR disclose a case for offences of resisting lawful apprehension and criminal intimidation.
Parties & counsel
- petitioner
Md. Fazle Ali
- respondent
The State of Bihar
Coram
Chandra Shekhar Jha
Case details
As recorded by the court registry
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