Patna High CourtCR. MISC./11829/2016dismissed

Tapeshwar Prasad Singh v. State Of Bihar And ANR

2018-08-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11829 of 2016 Arising Out of PS.Case No. -271 Year- 2014 Thana -DIGHA District- PATNA ======================================================

1. Tapeshwar Prasad Singh S/o Late Ram Prasad Singh, R/o MohallaMakhdumpur, Gate No. 89, P.s.- Digha, P.O.- Digha, Distt.- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ranjit Singh, S/o Ram Narayan Rai, R/o Mohalla- Makhdumpur, Gate No. 89, P.s.- Digha, P.O.- Digha, Distt.- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar 1 Md. Mushtaque Alam For the Opposite Party/s : Mr. Dr. Rabindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard the learned counsel for the petitioner and the State.

The petitioner has challenged the order dated 22.01.2016 passed by Sri Md. Inam Khan, learned Judicial Magistrate 1st Class, Patna in Digha P.S. Case No. 271/2014, whereby cognizance has been taken against the petitioner under Sections 341, 324 and 504/34 of the Indian Penal Code as well as Section 27 of the Arms Act.

As per the F.I.R., this petitioner made firing on the informant with his rifle which hit the tenant of the informant, namely, Sharda Devi. The injury report has been enclosed as Annexure-7 which shows that the injured sustained injury on mid

Patna High Court Cr.Misc. No.11829 of 2016 (2) dt.13-08-2018 2/2 frontal region about 2"x1/2"x1/4" in size and skin deep. The doctor has opined the injury to be simple in nature caused by hard and blunt substance.

This Court does not find any illegality in the impugned order. Accordingly, this quashing petition is dismissed. The petitioner is given liberty to raise all the points as raised in this petition at appropriate stage of trial including at the time of framing of charge, which shall be considered by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J.) Rakhi U T