Manoj Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.24082 of 2013 (2) dt.28-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24082 of 2013 Arising Out of PS.Case No. -1325 Year- 2003 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Manoj Kumar Son Of Late Digambar Chaudhary Resident Of VillageMeghpur, Police Station- Sursand, District- Sitamarhi .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Ram Hriday Chaudhary Son Of Ram Shresth Chaudhary Resident Of Village- Meghpur, Police Station- Sursand, District- Sitamarhi .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. For the Opposite Party/s : Mr. /Smt.Suman Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-04-2016 Heard learned counsel for the petitioner. Gone through the order impugned.

Petitioner has challenged the order impugned on account of refusal by the learned lower court to discharge him in terms of Section 245 Cr.P.C. on the ground that the witnesses whoever been examined during course of an inquiry under Section 202 of the Cr.P.C. has not been examined before charge. The aforesaid point is not at all relevant at the present stage because of the fact that in terms of Section 245(6) of the Cr.P.C. the complainant has got an opportunity to examine the remaining witnesses than whoever been examined in terms of Section 244 Cr.P.C., evidence before charge. Petition is rejected. (Aditya Kumar Trivedi, J) PN/- U T