Abhishek Pandey @ Abhishek Kumar Pandey v. The State Of Bihar

Patna High Court Cr.Misc. No.17539 of 2015 (3) dt.20-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17539 of 2015 Arising Out of PS.Case No. -796 Year- 2012 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== ABHISHEK PANDEY @ ABHISHEK KUMAR PANDEY SON OF SRI KASHI NATH PANDEY RESIDENT OF VILLAGE - MOHALLA - FAZALGANJ, POLICE STATION - SASARAM, DISTRICT - ROHTAS. .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Binod Kumar Singh, Adv.

For the Opposite Party/s : Mr. Ajay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 20-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Learned counsel for the petitioner submitted that though cognizance has been taken under Sections 341, 323, 504 of the IPC, however during course of investigation those things have not been supported by the official witnesses who, at the other end have stated that there was an altercation / hot talk which might be triable under the banner of IPC. The learned lower court will see the aforesaid event during course of framing of charge/substance of acquisition to be explained and with the aforesaid observation, instant petition is disposed of.

(Aditya Kumar Trivedi, J.) PN/- U T