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Patna High CourtCR. MISC./7393/2020dismissed

Mary Alphonsa @ Marry Alfonja v. The State Of Bihar

2023-03-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7393 of 2020 Arising Out of PS. Case No.-895 Year-2014 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Mary Alphonsa @ Marry Alfonja D/o Late Anthony Chako Resident of House No. 109, Patliputra Colony, P.S.- Patliputra and Distt - Patna. 2.

Sudhir Singh @ Sudhir Kumar Singh Son of Late Bindeshwari Singh Resident of Adri Lane, Near Petrol Pump, P.S.- Krishnapuri, Distt - Patna. 3.

Ravindra Singh @ Ravindra Kumar Singh Son of Late Bindeshwari Singh Resident of Adri Lane, Near Petrol Pump, P.S.- Krishnapuri, Distt - Patna. ... ... Petitioners

Versus

1.

The State of Bihar 2.

Arun Singh Son of late Kameshwar Singh Resident of Village - Alawalpur, P.S.- Gaurichak, Distt - Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Bhola Kumar, Advocate For the Opposite Party :

Mr. Ajay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-03-2023 This application has been filed for quashing of the order dated 17.12.2019 passed by learned A.C.J.M.-1, Patna, in C.A. No.895 of 2014, by which the learned Magistrate has rejected the discharge petition filed by the petitioners. Learned counsel for the petitioners submits that no offence is made out against the petitioners.

This Court is of the view that the petitioner may raise all the grounds at the time of framing of charge. If prima facie case is made out against the petitioners then they cannot be

Patna High Court CR. MISC. No.7393 of 2020(5) dt.22-03-2023 2/2 discharge and if no case is made out against the petitioners, they will be discharged from the criminal liability. With the aforesaid observations and directions, this application is dismissed.

(Sandeep Kumar, J) pawan/- U T