Anil Pandey And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4656 of 2015 Arising Out of PS.Case No. -119 Year- 1994 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Anil Pandey, Son of Late Gopalji Pandey
2. Devnath Pandey, Son of Late Gopalji Pandey
3. Gayatri Pandey Wife of Dev Nath Pandey All Resident of - I.T.I. Jail Bakash Nagar, P.S- Bettiah (Muffasil), District - West Champaran. .... .... Petitioners
Versus
1. The State of Bihar
2. Ramashis Chaudhary, Son of Late Parichhan Chaudhary Resident of I.T.I. Jail Prakash Nagar, P.S- Bettiah (Muffasil), District - West Champaran.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.
This application has been filed under Section 482 of the Cr.P.C. directed against the order dated 20.10.2014 passed in Sessions Trial No. 54 of 2013 (arising out of Bettiah (Muffasil) P.S. Case No. 119 of 1994), whereunder, the learned 3rd Sessions Judge, Bettiah, West Champaran rejected the application of the accused petitioner filed under Section 228 of Cr.P.C. to transfer the case for trial by the Chief Judicial Magistrate or any other Judicial Magistrate, 1st Class finding that prima facie there is sufficient material to frame the charge under
Patna High Court Cr.Misc. No.4656 of 2015 (2) dt.17-01-2017 2/2 Section 307 I.P.C. exclusively triable by Court of Sessions. On going through the impugned order, I find no illegality to interfere with the same in extraordinary jurisdiction under Section 482 Cr.P.C. and accordingly the present application is dismissed. However, the petitioner would be at liberty to raise his points in trial Court at appropriate stage. (Rajendra Kumar Mishra, J) manish/- U T