Patna High CourtCR. MISC./39669/2014disposed

Akhilesh Kumar Shukla And ANR v. State Of Bihar And ANR

2017-08-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39669 of 2014 Arising Out of PS.Case No. -225 Year- 2012 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Akhilesh Kumar Shukla Son of Ram Pukar Shukla

2. Ram Pukar Shukla Son of Late Janak Shukla Both R/o- Village - Gangauliya, P.S. - Saraiya, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kamant Shukla Son of Kapildeo Shukla Resident of Village - Gangauliya, P.S. - Saraiya, District - Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-08-2017 Learned counsel for the petitioners submits that the order 19.06.2014 passed by the Revisional Court is bad because the revisional court has not considered the injury report in proper perspective. However, considering the facts and circumstances as well as the order dated 19.06.2014 the case was committed to the court of sessions and the court of sessions further proceeded in the matter.

Under such circumstances, counsel for the petitioners submits that he will be raising all the pleadings with regard to levelling section 307 of the Indian Penal Code in the present case before the court below at appropriate stage by filing appropriate

Patna High Court Cr.Misc. No.39669 of 2014 (3) dt.28-08-2017 2/2 application.

In view of the aforesaid, the application is disposed of with liberty to the petitioners to file appropriate application before the court below and make all submissions as would be admissible under law to substantiate that no case under section 307 of the Indian Penal Code is made out. If such application is filed within a period of one month from today along with a copy of the order of this court, the court below will pass reasoned and speaking order on such application within a period of three months from the date of filing of such application.

(Anil Kumar Upadhyay, J) Ravi/- U T