IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1703 of 2011
1. RAM BABU ROY SON OF RAJ NANDAN ROY
2. RAJ NANDAN ROY SON OF LATE PALAMU ROY, BOTH ARE
RESIDENT OF MUKSUDPUR, P.S. MINAPUR, DISTRICT
MUZAFFARPUR .... PETITIONERS
Versus
THE STATE OF BIHAR
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2. 28.1.2011 Supplementary affidavit filed today on behalf
of the petitioners be kept on the record.
The petitioners seek quashing of the order
dated 29.11.2010 passed by the 1st Additional Sessions
Judge, Muzaffarpur in Sessions Trial No.886 of 2008, by
which the trial court has rejected an application u/s.228
Cr.P.C.
The Counsel for the petitioners submits that
initially the case was instituted u/s.302/34 I.P.C., but
subsequently there were materials during investigation
which warranted submission of charge sheet u/s.306 I.P.C.
but the same was not done nor has charge been framed in
the said section alternatively.
Since it is the demand of the petitioner to
frame an alternative charge u/s.306 I.P.C., I would direct
the trial court to consider framing of charge alternatively
also u/s.306 I.P.C. to meet the ends of justice.
With these observations, the application is
allowed.
Narendra/ ( Anjana Prakash, J.)