The Patna High Court by an oral order dismissed the criminal miscellaneous application for quashing a discharge order.
Petition dismissed for non-prosecution with liberty to raise points before the Trial Court at an appropriate 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.49928 of 2015
Arising Out of PS. Case No.-146 Year-2010 Thana- PARSABAZAR District- Patna
======================================================
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : None. For the Opposite Party/s : Mr.Surendra Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 17-03-2023 No one appears on call.
This is an application for quashing of the order dated
13.07.2015 passed in S. Tr. No. 1204 12011 passed by learned A.D.J.-2, Patna by which learned Additional Session Judge rejected the petition filed u/s 227 of Cr.P.C for discharging the petitioners.
The cognizance has been taken in the matter whereafter the petitioners preferred Discharge Petition which has been dismissed on 13.7.2015 by the court of the learned Additional Sessions Judge-2nd Patna after observing that on going through the case diary, materials are available against the accused persons.
Patna High Court CR. MISC. No.49928 of 2015(2) dt.17-03-2023 2/2
No case of interference is required in the matter.
However, as no one has appeared, the petition stands
dismissed for non-prosecution with liberty to raise all the points
before the Trial Court at an appropriate stage .
(Rajiv Roy, J)
Ajay Singh/-
U T
1 issue framed by the court
Whether the High Court can quash the impugned order dismissing the discharge petition under Section 227 Cr.P.C.
2 provisions across 1 enactments
Rajendra Prasad and Ors.
The State Of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
