Patna High CourtCR. MISC./51087/2016dismissed

Avinash Kumar Srivastava v. State Of Bihar And ANR

2017-01-10Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.51087 of 2016 (2) dt.10-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51087 of 2016 Arising Out of PS.Case No. -228 Year- 2012 Thana -JAKKANPUR District- PATNA ======================================================

1. Avinash Kumar Srivastava Son of Late Digambar Prasad Resident of Mission Road, Ravindra Patha Hazaribagh, P.S. Sadar, District - Hazaribagh (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sweta Rani Rukhaiyar D/o Sri Brij Nandan Prasad Mohalla - Old Jakkanpur, Near Manjusha Convent, P.O. - G.P.O., P.S. - Jakkanpur, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Mishra For the Opposite Party/s Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 10.01.2017 This matter has been placed out of turn on the prayer of learned counsel for the petitioner.

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

This petition has been filed against the order dated 3.8.2016 passed by S.D.J.M, Patna in Jakkanpur P.S. Case no. 228/2012 by which and whereunder learned S.D.J.M, Patna rejected the discharge petition of the petitioner. Although learned counsel for the petitioner tried to convince me that there is no material to frame charge against the petitioner but I am not at all convinced with the submission as advanced on behalf of the petitioner.

The impugned order passed by learned S.D.J.M, Patna goes to show that learned S.D.J.M discussed all the materials and came to

Patna High Court Cr.Misc. No.51087 of 2016 (2) dt.10-01-2017 the conclusion that there was sufficient material to frame charge against the petitioner. Therefore, I do not think it proper to interfere with the impugned order. Accordingly, this petition stands dismissed at the admission stage itself.

shahid (Hemant Kumar Srivastava,J) U T