Petition to quash rejection of his discharge petition under Section 227 CrPC in sessions trial arising from Supaul Mahila P.S. Case No. 67 of 2021. The High Court held a prima facie case barred discharge and dismissed the application relying on Saundra Rasu.
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.6758 of 2023
Arising Out of PS. Case No.-67 Year-2021 Thana- MAHILA P.S District- Supaul
======================================================
RAJIV KUMAR Son of Late Uma Shankar Lal Das R/V- naya Nagar, Ward No. 9, P.S- and Dist- Supaul.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Jha For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
This application has been filed for quashing of the order dated 21.12.2022 passed by the learned Addl. Sessions Judge-1st, Supaul, passed in S.Tr. No. 113 of 2022, arising out of Supaul Mahila P.S. Case No. 67 of 2021 whereby the learned Sessions Judge-1st, Supaul has rejected the discharge petition of the petitioner u/s 227 of the Cr.P.C.
Learned counsel for the petitioner submits that no offence is made out and he wants this Court to believe the defence of the petitioner.
At the stage of framing of charge prima facie case is to be seen and if prima facie case is made out then the petitioner
Patna High Court CR. MISC. No.6758 of 2023(3) dt.18-04-2023 2/2
cannot be discharged.
In view of the law laid down by the Hon’ble Supreme
Court in the case of Saundra Rasu Vs. State of Karnataka (through the Deputy Superintendent of Police) 2022 (4) PLJR 4 SC , this application is dismissed.
(Sandeep Kumar, J)
Ranjeet/-
U T
1 issue framed by the court
Whether the petitioner could be discharged under Section 227 Cr.P.C. despite a prima facie case being made out at the stage of framing of charge.
Colour shows how this judgement treated each authority
Saundra Rasu Vs. State of Karnataka (through the Deputy Superintendent of Police)Relied on¶17
2022 (4) PLJR 4 SC
1 provisions across 1 enactments
Rajiv Kumar
The State of Bihar
Pratima Devi
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
