Patna High CourtCR. MISC./7311/2017dismissed

Prem Kumarv Sah @ Prem Kumar And ORS v. State Of Bihar And ANR

2017-10-16Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7311 of 2017 Arising Out of PS.Case No. -188 Year- 2015 Thana -JAKKANPUR District- PATNA ===========================================================

1. Prem Kumarv Sah @ Prem Kumar, Son of Late Sitaram Sah,

2. Rajiv Ranjan @ Ranjan Kumar,

3. Raju Kumar, Both are son of Prem Kumar Sah, All residents of Mohalla- Sanjay Nagar Road No.-5, P.S.- Jakkanpur, District- Patna.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Umesh Kumar, Son of Sri Krit Narayan Prasad, Resident of Mohalla- Sanjay Nagar Road No-5, Police Station- Jakkanpur, District- Patna. .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Upadhyay, Advocate For the Opposite Party/s : Mrs. Sucheta Yadav, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 16-10-2017 Heard learned counsel for the petitioners, learned counsel for the State and perused the impugned order. The first information report has been instituted under Sections 323 and 341 of the Indian Penal Code against the petitioners. Section 323 provides punishment for a period which may extend to one year, or with fine which may extend to one thousand rupees or with both whereas Section 341 provides punishment which

Patna High Court Cr.Misc. No.7311 of 2017 dt.16-10-2017 may extend to one month or with fine or both. Both the offences are triable as a summons case in view of the provision prescribed under Section 2(w) of the Cr. P.C. In summons case, no charge needs to be framed against the accused. Thus, an application under Section 239 of the Cr. P.C. was not maintainable before the court of learned Magistrate. The Magistrate has thus rightly rejected the application of the petitioners filed under Section 239 Cr. P.C. The application being meritless is dismissed. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.10.2017 Transmission 16.10.2017 Date