Nandesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.428 of 2015 Arising Out of PS.Case No. -587 Year- 2007 Thana -BHAGALPUR KOTWALI District- BHAGALPUR =========================================================== Nandesh Kumar, son of Sri Nagesh Prasad, resident of Mohalla - Kidwaipuri, P.N.T. Colony, P.S. -Budha Colony, District - Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajit Kumar, Advocate For the Opposite Party/s : Dr. Ravindra Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 20-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

By way of filing the present application under Section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of the order dated 19.08.2014 passed by the learned Judicial Magistrate-1st Class, Bhagalpur in G.R. No. 2577 of 2007 arising out of Kotwali (Barari) P.S. Case No. 587/07 dated 01.10.2007 whereby and whereunder the court below has refused the prayer of the petitioner for discharge made under Section 239 of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.428 of 2015 dt.20-08-2015 2 / 3 It is contended that the petitioner is absolutely innocent and he has been falsely implicated in the case. The materials collected during course of investigation has not been properly appreciated by the learned Magistrate while passing the impugned order dated 19.08.2014 and in view of the materials collected in course of investigation, the trial of the petitioner would be an abuse of process of the court.

On the other hand, learned counsel for the State has opposed the prayer made by the petitioner. He submits that the learned Magistrate has given clear, cogent and convincing reasons for rejecting the application filed on behalf of the petitioner under Section 239 of the Code of Criminal Procedure. Having heard the parties and perused the record, I find that the learned Magistrate has passed a detailed order after considering the materials available on record and he has come to a conclusion that there is sufficient ground for proceeding against the petitioner.

I find no error in the order impugned. It is well settled that at the stage of framing of charge, probative value of the materials on record cannot be looked into. At this stage, the prosecution is not required to establish its case beyond reasonable doubts and, even meticulous examination of evidence is not done.

Patna High Court Cr.Misc. No.428 of 2015 dt.20-08-2015 3 / 3 In that view of the matter, I find no merit in this application. Accordingly, the application is dismissed. (Ashwani Kumar Singh, J.) Sanjeet/- U T