Patna High CourtCR. MISC./46798/2012dismissed

Yaswant Kumar Singh @ Jashwant Kumar Singh v. State Of Bihar And ANR

2015-03-13Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 46798 of 2012 ====================================================== Yaswant Kumar Singh @ Jashwant Kumar Singh Son of Amarnath Singh, Resident of Village - Sukahra Dehri, P.S. Nasriganj, District - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Vijay Kumar Singh Son of Jagarnath Singh, Resident of Village - Makrain, P.S. Dalmiyanagar, District - Rohtas. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 13-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the state.

The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioner seeking quashing of order dated 27.09.2012 passed by the learned 1st Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 530 of 2011 arising out of Dehri (T) (Dalmiyanagar) P.S. Case No. 214 of 2011 for offence punishable under Sections 376/312 of the Indian Penal Code. Learned counsel for the petitioner submits that he was the tenant in the house of the informant and had left the house due to which with mala fide intention, he has been implicated in the case and further that the medical report does not support the allegation made against him. Learned A.P.P. submits that the Court below

Patna High Court Cr.Misc. No.46798 of 2012 (2) dt.13-03-2015 2/2 after going through the materials produced upon investigation has taken cognizance under Sections 376 and 312 of the Indian Penal Code and in that background, the order not to discharge the petitioner cannot be faulted and that he shall have all opportunity to canvass his defence before the Court below during trial.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, this Court does not find any ground to interfere in the matter. Accordingly, the application stands dismissed. However, the dismissal of the present case shall not cause prejudice the petitioner during trial. (Ahsanuddin Amanullah, J.) Anand Kr.

U T