Md. Ekramul Haque @ Md. Ekram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43373 of 2012 ====================================================== Md. Ekramul Haque @ Md. Ekram, Son of Md Abdul Karim, Resident of Village-Maulanadih, P.S.-Chhabilapur, District-Nalanda. .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Ram Sumiran Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 13-03-2015 Heard the learned counsel for the petitioner. Calling in question the order dated 11.09.2012 passed by the learned court below in S.Trial No.104 of 2012 {Arising out of Rajgir (Chhabilapur P.S.Case No.36 of 2011)} dismissing the petition of discharge of the petitioner, the present application under Section 482 Cr.P.C. has been filed. The learned counsel for the petitioner has submitted that during the investigation no material has been collected against the petitioner and even it has been found that the petitioner was not present on the place of occurrence.

It has been further submitted that the petitioner is a State Government employee in the office of the State Dispensary, Gopalganj which is at substantial distance from the place of occurrence.

Patna High Court Cr.Misc. No.43373 of 2012 (2) dt.13-03-2015 below has not exercised its jurisdiction in prescribed manner. It has also been submitted that the learned court below has ignored the provision of Section 319 Cr.P.C where the court has power to proceed against the petitioner, if such evidence surfaces during the trial.

After considering the facts and circumstances of the case and the submissions, it transpires that the learned court below has considered the materials which have come up during the investigation as well as submission on behalf of the petitioner and this Court is not persuaded to find any perversity in the said order.

Accordingly, this application is dismissed.

(V. Nath, J) Nitesh/- U T