Patna High Court - Orders
Vishwanath Prasad @ Vishwanath Prasad ... vs The State Of Bihar on 3 May, 2012
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13143 of 2012
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Vishwanath Prasad @ Vishwanath Prasad Yadav S/O Late Ram Chandra
Prasad Yadav R/O- Prithivipur, Gali No.- 11/2, P.S.- Kankarbagh, Distt.-
Patna
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
03. 03-05-2012Heard Mr. Vijay Kumar Sinha, learned counsel appearing for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor for the State.
The petitioner is aggrieved by the order dated 01.02.2012 passed by the learned Additional Sessions Judge-III, Patna, whereby the learned Judge has failed to frame any charge under Section 307 of the Indian Penal Code rather finding a prima facie case under Sections 341 and 323 of the Indian Penal Code, has remitted the matter before the learned Chief Judicial Magistrate, Patna in exercise of powers vested under Section 228(1) of the Code of Criminal procedure (hereinafter referred to as the 'Code').
It is the case of the petitioner that the allegations constituting an offence punishable under Section 307 of the Indian Penal Code as set out in the First Information Report, stands corroborated by the discharge-slip issued by the Patna Medical Patna High Court Cr.Misc. No.13143 of 2012 (3) dt.03-05-2012 2 College and Hospital, Patna placed at Annexure-2 series which in no uncertain terms attributes head injury as also multiple injury on the person of the informant and for which the informant was admitted in the hospital from 12.01.2011 to 28.01.2011. It is stated that the lack on the part of the investigating agency to have recorded the injury report and the medical evidence so present in relation to the informant and the other injured, the learned Sessions Judge exercising power under Section 228(1) of the Code finding no evidence to support the allegation, has remitted the matter for trial by a Magistrate. It is stated that since thereafter charges have been framed under Sections 341 and 323 of the Indian Penal Code.
Learned counsel for the petitioner while contesting the position and alleging collusive litigation by the investigating agency who according to learned counsel, did not make any effort to procure the injury report from the Patna Medical College and Hospital and to bring it on the record of the investigation, thus prejudicing the case of the petitioner, does admit that there are ample powers vested in the trial court under the provisions of Sections 311 and 323 of the Code, to consider the materials during the course of trial and take appropriate decision.
Having heard learned counsel for the parties and having Patna High Court Cr.Misc. No.13143 of 2012 (3) dt.03-05-2012 3 perused the materials on record in the backdrop of the statutory provisions underlying the Code, this application is disposed of affording liberty to the petitioner to raise all issues as raised in the present application during the course of trial.
(Jyoti Saran, J) S.Sb/-