Informant's revision against dropping of two accused names while taking cognizance under Sections 302, 201 and 120-B/34 IPC. Court found informant was present at the hearing and had remedy under Section 319 CrPC; revision dismissed.
Petition dismissed; liberty to move application under Section 319 CrPC during trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.623 of 2022
Arising Out of PS. Case No.-197 Year-2021 Thana- SONO District- Jamui
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Manoj Kumar Yadav, Son of Palakdhari Yadav R/V- Badhakewal, P.S- Charka Pathar, Dist- Jamui
... ... Petitioner
Versus
... ... Respondents
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Appearance : For the Petitioner/s : Mr. Prakash Mahto, Advocate. For the State : Mr. Bharat Bhushan, APP For the Respondent No.2: Mr. Pankaj Kumar Sinha, Advocate. For the Respondent No.3: Mr. Vinod Kumar, Advocate. Mr. Sanjay Kumar, Advocate.
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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 01-08-2025
Learned counsel for the petitioner, learned APP for
the State and learned counsel for the Respondent Nos. 2 and 3 are present.
Patna High Court CR. REV. No.623 of 2022(4) dt.01-08-2025 2/3
Magistrate, 1st Class, Jamui, in Sono (Charkha Pathar P.S. Case No. 197 of 2021) arising out of G.R. No. 2104 of 2021 whereby the cognizance for the offences punishable under Sections 302, 201 and 120-B read with Section 34 of the Indian Penal Code have been taken and process has been issued against two accused namely, Modo Yadav and Pintu Yadav. However, for want of sufficient material, the name of Awdhesh and Vinod are dropped from the Proceedings, and hence, the petitioner is aggrieved by dropping of names of two accused namely, Awdhesh and Vinod.
Patna High Court CR. REV. No.623 of 2022(4) dt.01-08-2025 3/3
application under Section 319 Cr.PC if so advised during trial
after recording of prosecution evidence as per law.
(Jitendra Kumar, J)
S.Ali/-
U T
1 issue framed by the court
Whether the magistrate erred in dropping the names of two accused from cognizance for want of sufficient material.
2 provisions across 2 enactments
Manoj Kumar Yadav
The State of Bihar
Awadhesh Singh
Vinod Yadav
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
