Patna High CourtCR. REV./302/2015dismissed

Makeshwar Chaupal v. The State Of Bihar

2017-03-10Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.302 of 2015 ==============================================================

1. Makeshwar Chaupal son of Late Hakaru chaupal Resident of Village- Goraman Singh , P.s Jamalpur, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party ============================================================== Appearance :

For the Petitioner/s : Mr. Dr. Satyendra Kumar Srivastava, Adv For the Respondent/s : Mr. Amitesh Kumar, APP ============================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 10-03-2017 The order dated 12.12.2014 passed by learned 2nd Additional Sessions Judge, Benipur, whereby he has rejected the petitioner's application for his discharge of the offence punishable under Section 307 of the Indian Penal Code, is under challenge in this application. The petitioner has also challenged subsequent order dated 13.01.2015, whereby, charge under Sections 323, 504, 147, 307 and 149 of the Indian Penal Code, has been framed against the petitioner. From the order, I find that the court below, upon perusal of the materials on record arrived at a conclusion that the offence under Section 307 of the Indian Penal Code was made out and therefore, refused to accede to the prayer for discharge under Section

Patna High Court CR. REV. No.302 of 2015 dt.10-03-2017 2/2 227 of the Cr.P.C. The court below has considered the nature of injuries caused in commission of the offence. I do not find any legal infirmity in the order impugned.

This application has no merit and is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) Ranjan/- AFR/NAFR CAV DATE Uploading Date Transmission Date