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Patna High CourtCR. MISC./50380/2012dismissed

Sushil Kumar Jaiswal And ANR. v. The State Of Bihar

2015-07-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50380 of 2012 Arising Out of PS.Case No. -null Year- null Thana -null District- Patna ===========================================================

1. Sushil Kumar Jaiswal S/o Late Ram Babu Jaiswal, Resident of MohallaSandalpur, Police Station- Bahadurpur, District- Patna.

2. Rama Shankar Jaiswal S/o Bhagwan Lal Choudhary, Resident of MohallaSandalpur, Police Station- Bahadurpur, District- Patna. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Gajanan Arun, Advocate Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 06-07-2015 The present application under Section 482 of the Code of Criminal Procedure (For short 'the Code') is directed against the order dated 14.09.2012 passed in G.R. No. 2653 of 2011 arising out of Pirbahore P.S. Case No. 130 of 2011 whereby and whereunder the learned Judicial Magistrate-1st Class, Patna has rejected the application filed by the petitioners under Section 239 of the Code for discharge.

According to the prosecution case, huge quantity of duplicate Glucon-D was seized from the premises of the petitioner.

Patna High Court Cr.Misc. No.50380 of 2012 dt.06-07-2015 2 / 2 The witnesses examined in course of investigation have supported the allegations made in the FIR. The allegations made in the FIR are also corroborated by the seizure list prepared on the spot.

In that view of the matter, I find no illegality in the impugned order by which the petition for discharge has been rejected. Accordingly, the application is dismissed. (Ashwani Kumar Singh, J.) Sanjeet/- U T