Jai Kumar Sharma And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.4480 of 2015 dt.17-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4480 of 2015 Arising Out of PS.Case No. -249 Year- 2011 Thana -FATUHA District- PATNA ===========================================================

1. Jai Kumar Sharma, Son of Bijendra Sharma

2. Bijendra Sharma, son of Ayodhya Sharma

3. Kusum Devi, wife of Bijendra Sharma, All residents of village Khokhna, P.S. Fatuha, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Haridwar Sharma, son of Late Shiv Bahadur Sharma, Resident of village Anjani, P.S. Dhanarua, District Patna.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 17-01-2017 Heard learned counsel for the petitioner and the learned counsel for the State.

2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 25.06.2014 passed in Sessions Trial No. 1263 of 2013, whereby the learned Additional Sessions Judge-I, Patna City, rejected the application for discharge, under Section 227 of the Cr.P.C., of the petitioner.

3. On going through the impugned order, I find no illegality in the impugned order amounting to abuse of the process of the court for interference in inherent jurisdiction under Section 482 of

Patna High Court Cr.Misc. No.4480 of 2015 dt.17-01-2017 the Code of Criminal Procedure.

4. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise his defence/points in trial court at the appropriate stage.

(Rajendra Kumar Mishra, J) Bhardwaj/- AFR/NAFR CAV DATE Uploading Date Transmission Date