Chalittar Singh @ Chalitra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61147 of 2019 Arising Out of PS. Case No.-114 Year-2018 Thana- MANIGACHI District- Darbhanga ====================================================== CHALITTAR SINGH @ CHALITRA SINGH Son of Late Chulhai Singh Resident of Village- Barhampura, P.S.- Manigachhi, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Yogendra Singh Son of Late Baleshwar Singh @ Bauku Singh Resident of Village- Barhampura, P.S.- Manigachhi, District- Darbhanga 3.

Biswa Mohan Singh @ Biswamohan Singh @ Viswa Mohan Singh @ Viswa Mohan Singh Son of Sri Yogendra Singh Resident of VillageBarhampura, P.S.- Manigachhi, District- Darbhanga. 4.

Sangita Devi Daughter of Sri Yogendra Singh Resident of VillageBarhampura, P.S.- Manigachhi, District- Darbhanga. 5.

Buchiya Devi W/o Sri Yogendra Singh Resident of Village- Barhampura, P.S.- Manigachhi, District- Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13, Advocate Mr. Rohit Kumar, Advocate Mr. Priti Kumar, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

This application has been filed for quashing of order dated 30.08.2018 passed by learned Addl. Chief Judicial Magistrate-V, Darbhanga in connection with Manigachhi P.S Case No. 114 of 2018 by which cognizance has been taken against the petitioner for the offences under Sections 341, 323, 504, 34 of the Indian Penal Code.

Learned counsel for the petitioner wants cognizance

Patna High Court CR. MISC. No.61147 of 2019(2) dt.22-03-2023 2/2 under more serious offences including under Section 307. This application is disposed of with a liberty to the petitioner to pray before learned court below at the time of framing of charge as to what offences are made out in light to the materials available on record.

If the court below finds that charge has to be framed under Section 307, it shall frame the charge under Section 307. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Harsh/ U