Dharmendra Singh v. The State of Bihar
Case brief
What is this about?
Section 227 CrPC discharge application rejected; quashing of order dated 28.09.2022 of Additional Sessions Judge VI Gopalganj in Sessions Tr. No. 427 of 2021 arising out of PS Case No. 191/2020 PS Baikunthpur District Gopalganj; pending partition suit held no ground for discharge ('enmity cuts both ways'); private hospital injury report cannot be rejected; investigating agency found injury report reliable and submitted chargesheet; at framing of charge prosecution records only considered, not defence; reliance on Ram Prakash Chadha v. State of Uttar Pradesh 2024 SCC Online SC 1709; Patna High Court Criminal Miscellaneous 25324/2023 decided 12-08-2024 by Sandeep Kumar J; petitioner Dharmendra Singh vs State of Bihar and Ramesh Kunwar.
What did the court decide?
Enmity cuts both ways; the pendency of the partition suit will not be a ground for discharge.