Dinesh Prasad & Ors. vs The State Of Bihar on 23 April, 2014

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Patna High Court - Orders

Dinesh Prasad & Ors. vs The State Of Bihar on 23 April, 2014

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.13401 of 2014
                 ======================================================
                 1. Dinesh Prasad.
                 2. Krishna Kumar Gupta @ Lallan Prasad.
                 3. Prabhu Nath Prasad.
                 4. Lal Saheb Prasad.
                 5. Mahesh Kumar Lal.
                                                                       .... .... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                  .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :   Mr. Vijay Shankar Shrivastava,
                                                Advocate.
                 For the Opposite Party/s   :   Mr. J.N. Thakur, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
                 SINGH
                 ORAL ORDER


2   23-04-2014

Heard learned counsels for the petitioners and the State.

The present application has been filed for quashing the order dated 11.02.2014 passed by the learned IVth Additional Sessions Judge, Motihari, East Champaran, in Sessions Trial No. 480 of 2013, arising out of Muffasil P.S. Case No. 84 of 2005 whereby the petitioners' application under Section 228(1)(a) of Cr. P.C. has been rejected.

The prosecution case is that on 25.04.2006, the husband of the informant went in the company of co-villagers, Garib Das, Upendra Sahani, Hira Sahani, Harendra Sahani and Girja Sahani. The accused persons locked the husband of the informant 2 Patna High Court Cr.Misc. No.13401 of 2014 (2) dt.23-04-2014 2/3 in a room and made assault. The informant went to see her husband in unconscious condition when he was brought home then the accused persons entered into the house of the informant and took away a box containing Rs. 50,000/-.

On the basis of the aforesaid accusations, Motihari Muffasil P.S. Case No. 84 of 2005 was registered under Sections 147, 148, 149, 341, 323, 324, 342, 379 and 307 of the I.P.C. Subsequently, Section 302 of the I.P.C. was also added.

It is submitted by learned counsel for the petitioners that the petitioners filed a petition under Section 228(1)(a) of Cr. P.C. stating that no offence under Sections 307 or 302 of the I.P.C. is made out against the petitioners. The petitioners were not named in the F.I.R.

It is further submitted that on 13.06.2013 the petitioners filed an application for discharge under Section 227 of Cr. P.C. before the learned court below but it was wrongly levelled as application under Section 228(1)(a) of Cr. P.C. The petitioners were named in protest petition and during investigation, it transpired that the petitioners were also involved in commission of offence.

This Court finds no infirmity with the 3 Patna High Court Cr.Misc. No.13401 of 2014 (2) dt.23-04-2014 3/3 impugned order.

The application is disposed off.

U.K./-                                      (Dinesh Kumar Singh, J)

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Patna High Court - Orders