IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24042 of 2011
Sri Nivas Singh & Ors.
Versus
The State Of Bihar & Anr.
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2/ 28thSeptember 2011 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
It has been submitted on behalf of the
petitioners that the learned lower court failed to
appreciate the allegation whatever been alleged against
him by the informant through FIR wherein by
subsequent addition, the allegation of firing which also
shown to be missed its aim has been alleged. With regard
to assault by knife, it has been submitted that informant
had sustained superficial injury.
The State opposed and submitted that for the
purpose of framing of charge meticulous examination is
not at all warranted.
After going through the order impugned it is
evident that the learned lower court had not dealt with
the injury report whether it justifies the application of
307 of the IPC as well as having addition of firing in the
FIR which is itself evident on bare perusal. As such, after
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setting aside the order impugned the matter is remitted
back to the learned lower court for reappraisal whether
the materials on the record justify framing of charge
under Section 307 or application of Section 228 (a) of
the Cr.P.C.
With the aforesaid observation, the petition
is disposed of.
(Aditya Kumar Trivedi, J.)
perwez