This is an oral order dismissing the petitioner's discharge application. The court held that prima facie materials exist for framing of charge, following Supreme Court precedent that prosecution materials must be examined for this purpose.
Discharge application dismissed. Framing of charge is fit.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28978 of 2024
Arising Out of PS. Case No.-328 Year-2020 Thana- KHIJARSARAI District- Gaya
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Raja Munna @ Raj Kumar, S/O Late Lalan Singh, R/O Village- Sayedpur, P.S- Khizer Sarai, Distt.- Gaya.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rohit Mishra, Advocate For the Opposite Party/s : Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
The petitioner has challenged the order dated 19.12.2023 by which his discharge application has been dismissed.
(i) It is stated that on 20.10.2020 at about 8:30 in night there had been fight/quarrel between the children. Isrel Miyan went to call to his child namely Munna, but in the mean time the quarrel / fight spread among the elders.
(ii) It is alleged that 1. Raja Munna @ Raj Kumar
Patna High Court CR. MISC. No.28978 of 2024(2) dt.06-08-2024 2/2
(present petitioner) called his entire family, amongst them 2. Vicky Kumar, 3. Bikram Kumar, 4. Sikandar Singh, 5. Dhiraj Kumar, 6. Rajesh Kumar, 7. Saurav @ Chamni, 8. Palan Singh, 9. Baby Devi, 10. Manju Devi, 11. Jaisha Devi & 12. Mother of Raj Kumar Mukhiya came over there. All of the aforesaid persons with common intention started assaulting the husband of the informant.
(iii) It is further alleged that the husband of the petitioner sustained severe injury, his right side of the head and eye was badly damaged. The injured was being taken to Patna for treatment but in the mid way at 'Daniyawan' husband of the informant died.
(Sandeep Kumar, J)
lata/- U T
1 issue framed by the court
Whether to grant discharge in a case where prima facie materials exist for framing of charge.
Colour shows how this judgement treated each authority
Ram Prakash Chadha Vs. The State of Uttar PradeshReferred¶20
2024 SCC Online SC 1709 · Who else cites this
1 provisions across 1 enactments
Raja Munna @ Raj Kumar
The State Of Bihar
Sahina Khatoon
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
