In this criminal miscellaneous petition, the Patna High Court rejected the petitioner's challenge against the impugned orders of the Judicial Magistrate and Sessions Judge that dismissed his discharge petition. The Court found no merit in the petition.
The petition was rejected with no merit.
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.22868 of 2015
Arising Out of PS. Case No.-311 Year-2007 Thana- NAWADAH COMPLAINT CASE District- Nawada
======================================================
Anand Mohan Prasad son of Late Bisheshwar Prasad resident of MohallaAnand Roadways, Station Road , Nawada, P.S. Nawada, Dist.- Nawada.'
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar, Advocate Mr. Kumud Kishore, Advocate For the Opposite Party/s : Mr.Kalyan Shankar, APP For the Informant : Mr. Sanjay Kumar Giri, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 14-02-2023 Heard learned counsel for the petitioner, informant and the State.
The petitioner has challenged the order dated 12.02.2015 passed by learned Ist Additional Sessions Judge, Nawada in Cr. Rev. No. 66 of 2012/01 of 2015 by which upheld the order dated 17.05.2012/18.05.2012 passed by the Judicial Magistrate, 1st Class whereby discharge petition under Section 245 of the Cr. P.C. was dismissed.
As per the prosecution story, the complainant alleged that being the owner of a truck, the same was handed over to the petitioner at the rate of Rs. 10,000/- per month for the months of
Patna High Court CR. MISC. No.22868 of 2015(4) dt.14-02-2023 2/3
September, 2005 to January, 2006. However, he chose not pay Rs. 50,000/- in spite of demand and further there is allegation of assault also. Accordingly, the complaint was lodged.
Learned Judicial Magistrate Ist Class, Nawada took up the matter and having prima facie satisfied that enough materials are there to frame the charges, the discharge petition preferred by the accused persons was rejected.
Aggrieved, the Cr. Rev. vide No. 66 of 2012/01 of 2015 was preferred before the Sessions Judge, Nawada which was taken up by the Ist Additional Session Judge, Nawada and vide a reasoned order dated 12.02.2015, the same was rejected after making observation that having gone through the order passed by the learned Judicial Magistrate, no interference is required.
Still, aggrieved the present petition.
The learned counsel for the petitioner tried to convince this Court on the facts of the case.
Mr. Sanjay Kumar Giri, learned counsel for the informant submitted that a prima facie is made out inasmuch as the truck was handed over for five months and the accused persons failed to pay Rs. 50,000/-. Further, twice mind have been applied by the Judicial Courts, the last by the learned 1st
Patna High Court CR. MISC. No.22868 of 2015(4) dt.14-02-2023 3/3
Additional Session Judge, Nawada and as such no interference is required.
Considering the kind of allegation as also that the petition for discharging the accused persons was rejected by the learned Judicial Magistrate 1st Class and the learned Session Judge, Nawada chose not to interfere in the matter vide a reasoned order, this Court does not find any merit in the petition, which is accordingly rejected.
(Rajiv Roy, J)
Jagdish/Neha/-
U T
3 issues framed by the court
Whether the High Court should interfere with the orders of the Judicial Magistrate and Sessions Judge dismissing the discharge petition.
Whether a prima facie case exists on the facts alleged by the complainant regarding unpaid truck rentals and assault.
Whether the petition challenging the rejection of the discharge petition has any merit.
Anand Mohan Prasad
State Of Bihar
Suresh Prasad Sharma
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
