Patna High CourtCR. MISC./33429/2015dismissed

Ambrish Tiwary @ Amrish Tiwary v. State Of Bihar And ANR

2018-01-23Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33429 of 2015 Arising Out of PS.Case No. -195 Year- 2012 Thana -MOHANIA District- BHABHUA (KAIMUR) =========================================================== Ambrish Tiwary @ Amrish Tiwary son of Late Shiv Murat Tiwary, resident of Mohalla- Nonar, P.O.- Chhewari, P.S.- Rammgarh, District- Kaimur (Bhabhua) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Jai Nath Yadav son of Late Ram Kishun Yadav, resident of Mohalla- Nonar, P.O.- Chhewari, P.S.- Rammgarh, District- Kaimur (Bhabhua) .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Ms. Soni Shrivastava, Advocate For the Opposite Party No.2 : Mr. Vivekanand Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 23-01-2018 Heard learned counsel for the petitioner, learned counsel for opposite party no.2 and learned counsel for the State.

2. Initially, in the present application filed under Section 482 of the Code of Criminal Procedure, the challenge is to the order dated 09.06.2015 passed by the learned Sessions Judge, Kaimur at Bhabua in connection with Sessions Trial No.459 of 2014 whereby the petition for discharge filed under Section 227 of the Cr.P.C. was dismissed, but it is admitted that during the pendency of the application charges under Sections 302/34 and 201 of the Indian Penal Code have been framed and four witnesses on behalf of the prosecution have also been examined.

Patna High Court Cr.Misc. No.33429 of 2015 dt.23-01-2018 2/2

3. It is well settled that once charges are framed and the witnesses are examined, the case is either to end in acquittal or conviction on completion of trial. At this stage, an application filed under Section 482 of the Cr.P.C. cannot be entertained.

4. In that view of the matter, the application is dismissed as infructuous.

5. However, the petitioner would be at liberty to raise all the points available to him at the stage of final argument in the criminal trial.

(Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.01.2018 Transmission Date 25.01.2018