Sk Jogi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21085 of 2023 Arising Out of PS. Case No.-17 Year-2014 Thana- KATIHAR COMPLAINT CASE DistrictKatihar ====================================================== SK JOGI son of Late Bhattan Village- Salehpur Maheshpur Ps- falka via pothia Po- Salehpur Maheshpur Dist- Katihar ... ... Petitioner

Versus

1.

The State of Bihar 2.

Md. Asif son of Late Md. Maqbul Village- Salehpur Maheshpur Ps- Falka Dist- Katihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshuman Jaipuriyar, Advocate For the Opposite Party/s :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-10-2023 The petitioner's application filed under Section 245 of the CrPC has been rejected by learned ACJM-III, Katihar, in connection with Complaint Case No. CA 17/2014 by an order dated 22.11.2022, which is under challenge in the present application under Section 482 of the CrPC.

2. The petitioner is an accused in the aforesaid complaint case for commission of offences punishable under Sections 420, 465 and 467 of the IPC.

3. Section 245 of the CrPC reads as under: -

245. When accused shall be discharged.-(1) If, upon taking all the evidence referred to in Section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted,

Patna High Court CR. MISC. No.21085 of 2023(2) dt.16-10-2023 2/2 would warrant his conviction, the Magistrate shall discharge him.

(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.

4. In the present application, I do not find any averment to the effect that no case against the petitioner has been made out and based on all the evidence referred to under Section 244 of the CrPC, even if unrebutted, would warrant the petitioner's conviction.

5. In the absence of any ground taken in the present application, I am not inclined to interfere with the impugned order.

6. This application is accordingly dismissed.

7. The petitioner shall be at liberty to take the grounds, which have been taken in the present application, at appropriate stage of the proceeding of the concerned criminal case.

(Chakradhari Sharan Singh, J) Pawan/- U T