Rana Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38723 of 2011 Arising Out of PS.Case No. -0 Year- null Thana -null District- BHOJPUR =========================================================== Rana Pratap Singh son of Bhgwan Singh Resident of village Morath P.S. Udwant Nagar District Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 06-04-2015 The petitioner seeks quashing of the order of nondischarge dated 25.09.2010 passed by the Additional Sessions Judge, F.T.C- IV, Arrah in Sessions Trial No. 285 of 2010 arising out of Jagdishpur P.S. Case No. 313 of 2014.

It has been submitted that the charges have not been framed as yet.

The background facts of the case is that some unknown dacoits had committed robbery with the informant. During investigation, the name of one Dhananjay Kumar Singh i.e. brother of the petitioner transpired. The Investigating Officer instead of remanding Dhananjay Kumar Singh remanded the present petitioner on the alias name of Dhananjay Kumar Singh.

Since this is a serious matter in which an innocent person

Patna High Court Cr.Misc. No.38723 of 2011 dt.06-04-2015 2/2 may be put on trial while one who committed the serious offence is likely to be left out, I would direct the Court below to hold an enquiry into the matter by calling for a report from the local authorities and documents in support of identity, geneology and pass necessary orders within three months. In case he finds that Dhananajay Kumar Singh is the person who committed the offence, he shall be summoned to face trial.

With this observations the application stands disposed of. (Anjana Prakash, J) Prakash/- U T