Raghvendra Sinha @ Raghvendra Singh @ Raghvendra Khaan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6765 of 2023 Arising Out of PS. Case No.-205 Year-2019 Thana- BHORE District- Gopalganj ====================================================== Raghvendra Sinha @ Raghvendra Singh @ Raghvendra Khaan Son of Badri Narayan Khaan R/V- Bhore, PS- Bhore, Dist- Gopalganj ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Harinarayan Singh Son of Late Ram Prasad Singh R/V- Wasudeva, Dakshin Tola, P.S- Bhore Dist- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Setu Prateek For the Opposite Party/s :
Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 20.10.2022 passed in Sessions Trial No. 363 of 2022, arising out of Bhore P.S. Case No. 205 of 2019, by the learned Additional Sessions Judge-IX, Gopalganj, whereby the application filed for discharge of petitioner under Section 227 of the Cr.P.C. has been rejected.
3. At the outset, learned counsel for the petitioner submits that during pendency of the case, charge has already been framed and evidences are being led by the prosecution.
Patna High Court CR. MISC. No.6765 of 2023(2) dt.26-02-2024 2/2
4. The Hon'ble Supreme Court, in the case of Ratilal Bhanji Muthani vs. State of Maharastra, reported in A.I.R. 1979 SC 94 and in the case of Stree Atyachar Veerodi Parishadh vs. Dilip Nathumal Chordiya, reported in 1989 S.C.C. (1) 715, has held that after framing of charge, the question of discharge does not arise. Once charges are framed under Section 228 of the Cr.P.C., there is no back-gear for discharging the accused under Section 227 of the Cr.P.C.
5. Considering the law laid down by the Hon'ble Supreme Court in aforesaid cases (supra), the petition is dismissed.
(Prabhat Kumar Singh, J) anay/- U T