Patna High Court - Orders
Noor Mohammad @ Hafiz Noor Mohammad vs State Of Bihar & Ors on 12 January, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.17052 of 2010
NOOR MOHAMMAD @ HAFIZ NOOR MOHAMMAD SON OF MD. ABHAS
MANSOORI, RESIDENT OF VILLAGE AMANBAGH, POLICE STATION
PAKRIBARAWAN, DISTRICT NAWADA ..... PETITIONER
Versus
1. THE STATE OF BIHAR
2. LALA YADAV ALIAS ROSHAN YADAV SON OF DASRATH YADAV
3. RAMASHIS YADAV SON OF BALESHWAR YADAV, BOTH
RESIDENT OF VILLAGE BARI TALAB, POLICE STATION PAKRI
BARAWAN, DISTRICT NAWADAH .... OPPOSITE PARTIES
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2. 12.1.2011The petitioner has sought quashing of the order dated 8.3.2010 passed by the Additional Sessions Judge, F.T.C.V, Nawadah in Sessions Trial No.340 of 2009/324 of 2009, by which he has remanded the case to the Chief Judicial Magistrate, Nawadah with a direction to frame charges u/ss.325, 323, 341 and 504/34 I.P.C. holding that no offence u/s.307 I.P.C. is made out.
The petitioner is aggrieved by the order of the court below especially since in his opinion no offence u/ss.325, 323, 341 and 504/34 I.P.C. is made out.
Since the trial court was well within its power to pass an order u/s.228(1) Cr.P.C., I am not inclined to interfere in the matter.
However, the observations as to under what offences the charges are to be framed shall be ignored by the court below.
With these observations, the application is disposed of.
Narendra/ ( Anjana Prakash, J. )