A revision petition was filed challenging the rejection of an application to quash charges of attempt to murder before the Sessions Court. The High Court held there is material on record to support the charge.
The revision petition was dismissed having 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 REVISION No 486 of 2024
Arising Out of PS. Case No.-225 Year-2020 Thana- SAMASTIPUR District- Samastipur
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr Sudhanshu Shekhar, Advocate For the Respondent/s : Mr Md Shakir Ahmad, APP ======================================================
CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 07-08-2024
Heard both the counsel.
2 This revision petition has been preferred by the petitioners being aggrieved with the order dated 29.01.2024 passed in ST No 713 of 2022 by Additional Sessions Judge IX, Samastipur whereby the application filed by the petitioners under Section 228 of the Cr P C has been rejected.
3 On the basis of information given by the informant, FIR was registered and after completion of investigation, charge sheet has been filed before the concerned Magistrate for the
Patna High Court CR. REV. No.486 of 2024 dt.07-08-2024 2/3
offence punishable under Sections 341, 323, 324, 504, 506, 307/34 of the IPC. After taking cognizance of the offence, the mater was committed to the Court of Session. During course of the said trial, at the stage of framing the charge, an application under Section 228 of the Cr P C has been filed by the accused persons which has been rejected by the learned Additional Sessions Judge vide his impugned order.
4 It is argued by the learned counsel for the petitioners that on the basis of materials available on record, no case under Section 307 of the IPC is made out against the petitioners. The injury report of the victim also shows that though he sustained injuries on his neck but injuries were simple in nature. Therefore, no offence under Section 307 of the IPC is made out but the learned trial Court, without considering this fact, rejected the application of the petitioners.
5 Perusal of the impugned order and other materials available on record clearly show that it was found by the learned trial Court that there were sufficient materials available on record such as statements of witnesses under Section 161 of the Cr P C as well as injury report of the victim, that the charge under Section 307/34 of IPC is made out. Injury report further shows that the injuries sustained by the injured were found on his neck and were
Patna High Court CR. REV. No.486 of 2024 dt.07-08-2024 3/3
cut injuries and incised wounds. Though they are simple in nature but were found on the neck of the victim which is vital part and were caused by sharp edged weapon. Therefore, the learned trial Court rightly arrived at the conclusion that there is sufficient material available on record for framing charge under Sections 307/34 of the IPC.
6 I do not find any infirmity/illegality in the order of the learned Additional Sessions Judge.
7 Accordingly, this revision petition is dismissed, having
no merit.
(Arvind Singh Chandel, J)
M.E.H. /-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 20.08.2024 |
| Transmission Date | 20.08.2024 |
2 issues framed by the court
Whether the High Court finds any infirmity in the trial court's rejection of the application to quash the charge under Section 307 IPC.
Whether the injuries sustained by the victim on his neck constitute prosecution under Section 307 of the IPC.
Degvan Kumar Son Of Bilat Chaudhari @ Bilat Sahni Village- Kajichowk Dharmpur, Samstipur, P.S.- Mufassil, Distt.- Samastipur
Arjun Kumar Son Of Bilat Chaudhari @ Bilat Sahni Village- Kajichowk Dharmpur, Samstipur, P.S.- Mufassil, Distt.- Samastipur
The State of Bihar
Prity Mridha W/O- Md. Parwej Alam R/O- New Colony Dharampur, Ward No. 3, Samastipur, P.S.- Nagar Samastipur, Distt.- Samastipur
Arvind Singh Chandel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
