Dharmendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25324 of 2023 Arising Out of PS. Case No.-191 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== DHARMENDRA SINGH SON OF LATE NAND KISHORE SINGH RESIDENT OF VILLAGE - MARAWA, P.S. - BAIKUNTHPUR, DISTT. - GOPALGANJ ... ... Petitioner/s
Versus
1.
The State of Bihar BIHAR 2.
RAMESH KUNWAR SON OF LATE MATUKDHARI KUNWAR RESIDENT OF VILLAGE - BALUA TOLA, P.S. - YADOPUR, DISTT. - GOPALGANJ ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Jha For the Opposite Party/s :
Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The present application has been filed for quashing the ode dated 28.09.2022 passed by the learned Additional Sessions Judge VI, Gopalganj in Sessions Tr. No. 427 of 2021 whereby the court has dismissed the petition of the petitioner filed for discharging under Sections 227 of Cr. P.C.
3. Learned counsel for the petitioner submits that the partition suit is pending and the injury reports are from the private hospital.
4. The aforesaid two grounds argued by the petitioner are no grounds for discharge.
Patna High Court CR. MISC. No.25324 of 2023(2) dt.12-08-2024 2/2
5. Enmity cuts both ways and the pendency of the partition suit will not be a ground for discharge.
6. The injury report submitted by the private hospital cannot be rejected. Investigating agency has found the injury report reliable and therefore, chargesheet has been submitted and now the discharge application has been rejected.
7. It has been held that at the time of framing of charge, prosecution records are to be seen and not the defence (Ram Prakash Chadha Vs. The State of Uttar Pradesh reported in 2024 SCC Online SC 1709).
8. In view of the above, this application is dismissed. (Sandeep Kumar, J) Saif/- U T