Dismissed¶21

Sandhya Devi v. The State of Bihar

Patna HC21 Apr 2025CR. REV./80/2023

Case brief

AI extract

What is this about?

Criminal Revision No. 80 of 2023, Patna High Court, decided 21-04-2025 by Justice Bibek Chaudhuri. Petitioners (Sandhya Devi, Nishant Kumar, Neeraj Kumar, Archana Devi @ Archana Kumari) challenged the 7-11-2022 order rejecting their discharge application under Section 239 Cr.P.C. in PS Case No. 8/2019 (Mahila P.S., District Nalanda), G.R. No. 386 of 2019. Held: revision against a discharge order not maintainable after charge framing and commencement of trial; dismissed as infructuous. Keywords: maintainability of criminal revision, discharge, Section 239 CrPC, charge framed, trial commenced, infructuous.

What did the court decide?

The instant criminal revision challenging an application for discharge is not maintainable, as the charge has been framed and the trial has commenced with witnesses examined. ¶20

Sandhya Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.80 of 2023

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Arising Out of PS. Case No.-8 Year-2019 Thana- MAHILA P.S. District- Nalanda

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Sandhya Devi Wife of Sri Devnandan Sao R/o Mohalla- Kishore Ganj, Harmu Road, Iglu Toli, Road No.9B, P.S- Sukhdeo nagar, Ranchi

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Nishant Kumar son of Shri Devnandan Sao R/o Mohalla- Kishore Ganj, Harmu Road, Iglu Toli, Road No.9B, P.S- Sukhdeo nagar, Ranchi

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Neeraj Kumar son of Shri Devnandan Sao R/o Mohalla- Kishore Ganj, Harmu Road, Iglu Toli, Road No.9B, P.S- Sukhdeo nagar, Ranchi

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Archana Devi @ Archana Kumari Wife of Dhanesh Kumar R/o C/o Manohar Sao, Bit more, Kedal P.S- Bit OP Ranchi

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... ... Petitioner/s

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Versus

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The State of Bihar

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Priyanka Kumari, Wife of Nalin Kumar, R/o C/o Late Jwala Prasad Mohalla- Bichali Khandak, Khandak Par Biharsharif Town, P.s- Biharsharif Dist- Nalanda

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Nishant Kumar, Advocate For the Respondent/s : Mr.Anil Kumar Singh No. 1, APP For the Opposite Party : Mr.Pramod Rajpati, Advocate Mrs.Durga Kumari, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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7 21-04-2025

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The petitioners have approached this Court in criminal revisional jurisdiction, challenging an order dated 7th of November, 2022, whereby and whereunder an application under Section 239 of the Cr.P.C. filed on behalf of the petitioners was rejected, and subsequently, a charge was framed.

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