Patna High Court - Orders
Abinash Chandra Singh & Ors vs State Of Bihar & Anr on 29 March, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.17211 of 2008
1. ABINASH CHANDRA SINGH
2. CHANDRAHANS SINGH
BOTH S/O SHIV SHANKAR SINGH
3. VED PRAKASH SINGH S/O SHIV SHANKAR SINGH
4. MUKESH KUMAR SINGH S/O CHANDRAHANS SINGH
ALL R/O VILLAGE PASOR TOLA, P.S.- PIRO, DISTRICT- BHOJPUR (ARA)
.............Petitioners
Versus
1. THE STATE OF BIHAR
2. SUSHIL KUMAR SINGH S/O BANSIDHAR SINGH R/O VILLAGE- PASOR TOLA,
P.S.- PIRO, DISTRICT- BHOJPUR (ARA)
..............Opposite Parties
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2. 29.03.2011Heard the parties.
The petitioner has sought quashing of the order dated 26.2.2008 passed by Judicial Magistrate Ist Class, Ara in Complaint Case No. 345 C/04, Trial No. 372 of 2008, by which discharge petition has been dismissed.
It has been submitted that prior to the institution of the present complaint the petitioner had filed a First Information Report and in fact he was in the hospital at the alleged time of occurrence.
Considering that the petitioner has sought quashing on the factual aspects of the case which cannot be looked into only at the stage of trial, I am not inclined to interfere in the matter.
The application is dismissed.
Fahad. ( Anjana Prakash, J.)