Patna High CourtCR. MISC./21080/2014disposed

Ram Nath Sharma And ANR v. State Of Bihar And ANR

2016-08-12Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 21080 of 2014 Arising Out of PS.Case No. -141 Year- 2008 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Ram Nath Sharma Son of Late Sri Jaleshwar Sharma

2. Brinjay Kumar Son of Ram Nath Sharma Both Resident of Mohalla - Ramdayalu Nagar, Siddharth Puram, Police Station - Sadar in the District of Muzaffarpur. .... .... Petitioners

Versus

1. The State of Bihar

2. Vikash Kumar, son of Ram Nath Sharma, resident of MohallaRamdayalu Nagar, Siddharth Puram, P.S. - Sadar, District - Muzaffarpur.

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

For the Petitioner/s : Mr. Sushant Kumar For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

12-08-2016 Heard Sri Sushant Kumar, learned counsel for petitioners and Sri Madan Kumar, learned Addl. Public Prosecutor.

Two petitioners, who are none else but father and own brother of the informant respectively, have approached this Court invoking its inherent jurisdiction, with a prayer to quash an order dated 12-03-2014 passed by learned 3rd Adhoc Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 378 of 2013 (arising out of Muzaffarpur Sadar P.S. Case No. 141 of 2008). By the said order, petition filed under Section 227 of the Cr.P.C. for discharge was rejected.

Patna High Court Cr.Misc. No.21080 of 2014 (2) dt.12-08-2016 2/2 Learned counsel for petitioners fairly submits that after rejection of discharge petition before the court below, subsequent development has taken place. He submits that charges were framed and till date, some witnesses have already been examined.

Keeping in view the fact that evidence has already commenced, it would not be appropriate for this Court to pass any positive order in favour of petitioners.

The petition stands disposed of.

(Rakesh Kumar, J.) Anay U T