Md. Saiyad Alam @ Sher Mohammad v. The State Of Bihar

Patna High Court Cr.Misc. No.45937 of 2012 (2) dt.21-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45937 of 2012 ====================================================== Md. Saiyad Alam @ Sher Mohammad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Firoz Ahmad For the Opposite Party/s : Mr. Pushpa Sinha 2 (App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 21-05-2015 Heard.

The petition seeks the quashing of order of framing charges against the petitioner. It appears that on a petition being filed, the learned trial Court afforded hearing to both the parties as appears from order passed on 18.01.2012 and passed the impugned order on the same day at 3.30 P.M. The learned Magistrate has mentioned that he had perused the materials contained in the case diary and found grounds sufficient to proceed against the accused persons by framing charges for offences, they had been summoned to stand trial. The Court is of the opinion that it is forbid compliance with the provisions of Section 239 and 240 Cr.P.C. which requires no interference in the present petition.

The petition lacks merit and the same is dismissed. (Dharnidhar Jha, J) B.Kr./- U T