Jitendra Prasad Gupta v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52112 of 2013 Arising Out of PS.Case No. -67 Year- 2002 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) =========================================================== Jitendra Prasad Gupta Son Of Dhrub Lal Gupta @ Dhrub Prasad Gupta Resident Of Village- Jai Prakash Nagar, I T I Colony Road No.-3, P.S. Bettiah Muffasil, District- West Champaran At Bettiah .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Arman Ansari Son Of Late Lal Mohammad Resident Of Village- Jagiraha (Pipra Naurangia), P.S.- Jogapatti, District- West Champaran, Presently In Front Of New Bus Stand, Bettiah, P.S.- Bettiah Town, District- West Champaran .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. J.N. Sinha Mr. Rashmi Bharti For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA CAV JUDGMENT Date: 28-02-2018 Heard learned counsel for the parties.
Petitioner, by means of this application under section 482 of the Cr. P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the order dated 24.08.2013, passed by the Adhoc Additional Sessions Judge-IV, Bettiah, West Champaran in Sessions Trial No. 17 of 2012 arising out of Bettiah Town P.S. Case No. 67 of 2002, whereby and whereunder the application filed under section 227 of the Cr. P.C. for discharge of
Patna High Court Cr.Misc. No.52112 of 2013 dt.28-02-2018 2/3 the petitioner from the aforesaid case under section 302 of the Indian Penal Code and section 27 of the Arms Act has been refused.
Submission of learned counsel for the petitioner is that the present case is filed with a view to harass the petitioner. It is out and out a false case, which is evident from the present F.I.R. itself. Neither petitioner is named in the F.I.R., nor suspicion has been raised against him. He was juvenile on the alleged date of occurrence. After investigation, the Police submitted Final Form. Thereafter, the learned Magistrate took cognizance against the petitioner. No case is made out under section 302 of the I.P.C. and section 27 of the Arms Act. Learned counsel submits that the order passed by the Court below is not supported by materials on record and is fit to be quashed in the interest of justice.
Having heard learned counsel for the parties and keeping in view the facts and circumstances of the case, there appears no force in the arguments advanced by the learned counsel for the petitioner. The order impugned, whereby the Court below dismissed the application filed under section 227 of the Cr. P.C.
Patna High Court Cr.Misc. No.52112 of 2013 dt.28-02-2018 3/3 the matter by exercising its extraordinary jurisdiction under section 482 of the Cr. P.C.
Accordingly, the application is dismissed.
(Arvind Srivastava, J) Shailendra/- AFR/NAFR NAFR CAV DATE 13.10.2017 Uploading Date Transmission Date