Md. Ismail v. The State Of Bihar

Patna High Court Cr.Misc. No.45956 of 2012 (3) dt.13-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45956 of 2012 ====================================================== Md. Ismail, Son of Md. Safique, resident of Village/Mohalla- Raja Bazar, Near Petrol Pump, P.S. Shastri Nagar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Kishore Poddar, Adv. For the Opposite Party/s : A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-03-2015 The present petition has been filed for quashing the order dated 25.01.2010 passed by Miss Rashmi, learned Judicial Magistrate, Ist Class, Patna, in connection with Gardanibagh P.S. Case No. 476 of 2001 by which charges have been framed under sections 431 and 290 of the Indian Penal Code.

2. It is submitted that even though charges have been framed under Sections 431 and 290 of the Indian Penal Code, as a matter of fact no offence against the petitioner is made out even on the averments in the F.I.R.

3. Without entering into the details and merits of the matter, having regard to the fact that charges have already admittedly been framed against the petitioner and summons issued to the chargesheet witnesses. Once charges are framed, the trial must culminate in either acquittal or conviction.

4. In the above view of the matter, this Court is

Patna High Court Cr.Misc. No.45956 of 2012 (3) dt.13-03-2015 not inclined to allow the prayer of the petitioner.

5. The petition stands dismissed.

(Vikash Jain, J) Md. Ibrarul/- U T