Patna High CourtCR. MISC./9031/2016dismissed

Devanand Rai v. The State Of Bihar

2016-08-08Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9031 of 2016 Arising Out of PS.Case No. -438 Year- 2013 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Devanand Rai, son of Sri Ram Bilash Rai, resident of Village Chakiyari, P.S.- Raja Pakar (Barat O.P) District- Vaishali. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. M.K. Khare (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-08-2016 Heard Sri Ashok Kumar Mishra, learned counsel, who was assisted by Smt. Usha Kumari Singh, learned counsel for the petitioner and Sri M.K.Khare, learned Addl. Public Prosecutor. The sole petitioner, invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of entire criminal proceeding in Sessions Trial no.179/2014, arising out of Town P.S. Case no.438/2013 registered for the offence under Section 224, 225, 353, 307/120(B) of the Indian Penal Code and Sections 3, 4 and 5 of the Explosive Substance Act.

A plea has been taken that though charge has been framed under the aforesaid Sections, till date consent of the Government has not been brought on record for prosecuting the

Patna High Court Cr.Misc. No.9031 of 2016 (3) dt.08-08-2016 2/2 petitioner under the Explosive Substance Act. On this very ground, a prayer has been made for quashing the entire criminal proceeding. However, it has not been disputed that the court, where the trial is pending, is competent to try the case for occurrence under Section 307 of the Indian Penal Code. In view of facts and circumstances, the Court is of the opinion that only on the plea that the consent of the Government for prosecuting under the provision of Explosive Substance Act has not been brought on record, the entire criminal proceeding may not be quashed. The point regarding nonavailability of consent for prosecution under the Explosive Substance Act can be taken at the time of defence. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U