Bihari Bhagat v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13233 of 2015 Arising Out of PS.Case No. -573 Year- 2012 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) =========================================================== Bihari Bhagat, S/o Sri Ramautar Bhagat, Resident of Village Rani Pakadi, P.S. Bettiah Muffasil, District West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Bhikhari Mahto, S/o Late Jokhu Mahto, Resident of Village Rani Pakadi, Bettiah Muffasil, District West Champaran.
.... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Umesh ChandraVerma, Advocate. For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 05-02-2018 1.
This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 27.01.2015 passed by the learned 4th Additional Sessions Judge, West Champaran, Bettiah, in Sessions Trial No. 133 of 2014 arising out of Bettiah Muffasil P.S. Case No. 573 of 2012 by which the learned Sessions Judge has dismissed the petition filed by the petitioner under Section 228 (1) (a) Cr. P.C.
2.
Learned counsel for the opposite party No. 2 has appeared and submitted that charge has already been framed in this case.
3.
From perusal of the impugned order it appears that
Patna High Court Cr.Misc. No.13233 of 2015 dt.05-02-2018 2/2 the court below has after properly appreciating the injury report as well as statement of witnesses, rejected the petition filed by the petitioner under Section 228 (1) (a) Cr. P.C. 4.
Therefore, this Court does not find any illegality in the impugned order.
5.
The application stands dismissed.
6.
The court below will proceed in the trial in accordance with law.
(Sanjay Priya, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 15/02/2018 Transmission Date 15/02/2018