Patna High CourtCR. MISC./29184/2016disposed

Arjun Sharma And ORS v. The State Of Bihar

2016-08-29Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29184 of 2016 Arising Out of PS.Case No. -508 Year- 2003 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Arjun Sharma, S/o Late Alakhdeo Sharma

2. Guddu Sharma, S/o Arjun Sharma Both resident of Old G.T. Road, P.S. Aurangabad (T), District - Aurangabad

3. Ramashish Sharma, S/o Nageshwar Sharma Resident of villageAchuki, P.S. Rafiganj, District - Aurangabad .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-08-2016 Heard learned counsel for the petitioners and learned counsel for the State.

This application has been filed for quashing the order dated 27.02.2016 passed by the Judicial Magistrate, 1st Class, Aurangabad in G.R. No.2214/03/ Trial No.506/15, by which the Court below has rejected the discharge application filed by the petitioners.

Learned counsel for the petitioners submits that during the course of trial the informant has died. On perusal of the impugned order, it appears that the Magistrate while passing the impugned order has not gone

Patna High Court Cr.Misc. No.29184 of 2016 (4) dt.29-08-2016 2/2 into the merit of the case. When the petitioners have filed the discharge application, the Magistrate ought to have applied his mind and after considering the facts and circumstances of the case, he should pass a reasoned order, but the impugned order discloses non-application of mind.

In such circumstances, the impugned order dated 27.02.2015 passed by the Court below is set aside. The matter is remanded back to the Court below with a direction to pass a reasoned order in accordance with law. Accordingly, this application is allowed.

(Shivaji Pandey, J) pawan/- U T