Suresh Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4706 of 2015 Arising Out of PS.Case No. -341 Year- 2013 Thana -BANKA District- BANKA ====================================================== Suresh Yadav, S/o Late Madho Yadav, Resident of Village - Meharpur, Police Station - Banka, District - Banka.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Manni Sai Son of Mansar Sao

3. Bechu Sao Son of Mansar Sao

4. Tetari Devi Wife of Mansar Sao

5. Mansar Sao S/o Late Kashi Sao All resident of Village - Meharpur, P.S. - Banka, District - Banka.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. P.N. Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This application has been filed under Section 482 of the Cr.P.C. directed against the order dated 17.11.2014 passed in Sessions Trial No. 433 of 2014 (arising out of Banka P.S. Case No. 341 of 2013), whereunder, the learned 4th Addl. Sessions Judge, Banka allowed the application of the petitioner filed under Section 228 of Cr.P.C. to transfer the record to the Court of Chief Judicial Magistrate for trial as the offence made out is not exclusively triable by the Court of Sessions. On going through the impugned order, I find no illegality to interfere with the same in extraordinary jurisdiction

Patna High Court Cr.Misc. No.4706 of 2015 (2) dt.17-01-2017 2/2 under Section 482 Cr.P.C. and accordingly the present application is dismissed.

(Rajendra Kumar Mishra, J) manish/- U T