Patna High CourtCR. MISC./32156/2016dismissed

Lalo Singh And ORS v. The State Of Bihar

2016-10-03Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32156 of 2016 Arising Out of PS.Case No. -14 Year- 2012 Thana -SARE District- NALANDA (BIHARSHARIFF) ======================================================

1. Lalo Singh , son of Late Sri Singh

2. Raja Ram Kumar, son of Sri Lalo Singh

3. Mukesh Kumar, son of Sri Lalo Singh

4. Muniranjan Kumar, son of Sri Lalo Singh All resident of Bahadurpur, P.S. Sare, District- Nalanda .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Md. Fazal Rahman, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-10-2016 Heard Mr.Md.Fazal Rahman, learned counsel for the petitioners and learned Addl. Public Prosecutor. Four petitioners have approached this Court, invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 07.06.2016 passed in Sare P.S. Case No.14/2012 registered for the offence under Sections 452/ 341/ 323/ 325/ 380/ 341 of the Indian Penal Code and subsequently Section 308 of the Indian Penal Code was added, corresponding to Sessions Trial No.162/2014 passed by the learned Addl. Sessions Judge-III, Biharsharif, Nalanda. By the said order, the learned Addl. Sessions Judge has rejected the petition filed on behalf of the petitioners under Section 228 of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.32156 of 2016 (2) dt.03-10-2016 2/2 It was submitted by learned counsel for the petitioners that on the basis of material on record, no offence under Section 308 of the Indian Penal Code is made out and other Sections are triable by the Magistrate. However, the learned Addl. Sessions Judge has incorrectly rejected the petition filed on behalf of the petitioners.

After hearing learned counsel for the parties, I have perused the material on record. After going through the same, I do not find any apparent defect in the impugned order. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U T