Patna High Court - Orders
Lalji Pandey vs The State Of Bihar on 22 July, 2013
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4542 of 2013
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Lalji Pandey, S/O Late Balmukund Pandey, Resident Of Village- Jagariya,
P.O+ P.S- Chainpur, District- Kaimur at Bhabua (Bihar)
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. Sudhakar Singh, son of Sita Ram Singh, resident of Village- Jagariya,
P.O.+ P.S. Chainpur, District-Kaimur at Bhabua (Bihar)
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Om Prakash Pandey,
Mr. Vinod Kumar Seth, aDvocates.
For the Opposite Party/s : Mr. Sanjay Kumar Singh, Advocate.
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
4 22-07-2013Heard learned counsel for the parties.
This application has been filed for quashing the order dated 17.1.202013 passed by the Adhoc Additional Sessions Judge-2, Kaimur at Bhabua, in G.R. No.1354 of 2010, S.T. No. 32 of 2012/68 of 2012, arising out of Chainpur P.S. Case No.103 of 2010 by which the court below has exercised discretion for issuance of notice to the petitioner to stand the trial.
In the First Information Report there is allegation that on 19.8.2010 at about 9.40 A.M. they went to the field where the accused persons were present. They were irrigating their field through water channel connected to the canal. The Patna High Court Cr.Misc. No.4542 of 2013 (4) dt.22-07-2013 2 informant asked him why they have blocked the flow of water as the informant was also required to irrigate his field. They picked up the dispute and the informant started removing blocked whereupon Lalji Pandey exhorted to kill the informant, Arbind Pandey gave a Garassa blow on the head of the informant which caused grievous injury and blood started oozing out. Dharmenta Pandey has given a second blow which he tried to prevent caused the injury in the finger. Ultimately he had fallen down. They started assaulting with stick and khanti which caused injury on the temporal region. Kameshwar Singh, Gocharan Singh and other persons on hearing the alarm reached to the place of occurrence and they took the informant for treatment at Government Hospital. On that basis a case was instituted as Chainpur P.S. Case No.103 of 2010 for the offences under Sections 341, 323, 324, 307/34 of the Indian penal Code.
The police investigated the case, submitted the final form with respect to the petitioner but against some of the persons the police submitted charge sheet. During the trial four witnesses were examined after that an application under Section 319 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') was filed by the informant drawing Patna High Court Cr.Misc. No.4542 of 2013 (4) dt.22-07-2013 3 the attention of the court below evidence are sufficient which would lead to conviction of the petitioner. The court below after considering the rival contention of the parties found material against the petitioner for the purposes of issuing notice under section 319 of the Code to stand the trial which is under challenge before this Court.
Learned counsel for the petitioner submits that on reading of the statement of four witnesses the materials are not so, giving discretion to the court below to exercise the power under Section 319 of the Code as section 319 of the Code deals with situation when material are such which may show fair chance of conviction of the person. As in the cross- examination there is no connecting material to show that the petitioner had participated or exhorted the other accused persons for commission of offence. He further submits that power conferred under Section 319 of the Code is extraordinary power and it should be used very sparingly and with circumspection.
Learned counsel for opposite party no.2 has drawn the attention of court on the statement of four witnesses deposed in the court. In the examination-in-chief all the witnesses have specifically/categorically stated the role committed by Patna High Court Cr.Misc. No.4542 of 2013 (4) dt.22-07-2013 4 the petitioner by exhorting Arbind Pandey to assault the informant whereupon Arbind Pandey gave a Garasa blow on the head of the informant.
This Court feels that materials in shape of deposition are sufficient creates fair chance of conviction of petitioner. This Court does not find any illegality in the impugned order as materials are sufficient for exercise of power under Section 3129 of the Code.
Accordingly this application is dismissed.
Vinay/- (Shivaji Pandey, J)