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Patna High CourtCR. MISC./30394/2013dismissed

Mahesh Singh v. The State Of Bihar

2016-05-03Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30394 of 2013 Arising Out of PS.Case No. -137 Year- 2012 Thana -GARKHA District- SARAN ====================================================== Mahesh Singh S/O Late Surya Singh Resident Of Village- Mithepur, Police Station- Gorkha, District- Saran At Chapra .... .... Petitioner/s

Versus

The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s : Mr. Yogendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-05-2016 The sole petitioner, who is named as accused in the F.I.R. with specific accusation of committing rape with the informant, who was aged about 14 years, has approached this court invoking its inherent jurisdiction under section 482 of the Code of Criminal Procedure with a prayer to quash an order whereby charge under section 376/ 34 of the Indian Penal Code has already been framed.

Sri Yogendra Kumar Singh, learned A.P.P. submits that once in a criminal case charge is framed, it amounts that trial has already commenced.

I have perused the materials available on record.

Patna High Court Cr.Misc. No.30394 of 2013 (2) dt.03-05-2016 2/2 In view of the facts and circumstances, I do not find any ground to interfere with the matter.

The petition stands dismissed.

Let a copy of this order be sent to the court below with a direction to the trial court to proceed with the case expeditiously. (Rakesh Kumar, J) Praful/- U T