Police Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53010 of 2013 Arising Out of PS.Case No. -334 Year- 2007 Thana -BANKA District- BANKA ====================================================== Police Mandal S/O Sri Sukho Mandal, Resident of Village - Dhanua, P.S. Belhar ( Khaser ), District - Banka .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 25-07-2016 Heard Sri Dhirendra Kumar, learned counsel for the petitioner and Sri Nityanand, learned Addl. Public Prosecutor. The sole petitioner has approached this Court, invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 03.10.2013 passed in Sessions Trial No.1278/10 arising out of Banka P.S. Case no.334/2007 registered for the offence under section 307 and other allied Sections of the Indian Penal Code. By the said order, the petition for discharge filed on behalf of the petitioner under Section 227 of the Code of Criminal Procedure was rejected.

Learned counsel for the petitioner submits that there is no specific accusation against the petitioner. However, he

Patna High Court Cr.Misc. No.53010 of 2013 (2) dt.25-07-2016 2/2 accepts that at the time of occurrence, the petitioner was also present.

In view of the fact that there is allegation of commission of offence under Section 34 of the Indian Penal Code, the submission of learned counsel for the petitioner regarding nonovert act has got no application. I do not find any defect in the impugned order. The petition stands dismissed. (Rakesh Kumar, J) NKS/- U