IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33749 of 2008
Indra Shekhar Jha @ Indushekhar Jha, son of Late Tripti Narayan Jha, village Thengaha, Ps
Sakatpur, Dist. Darbhanga - Petitioner.
Vs.
1. The State Of Bihar,
2. Shrawan Kumar Sah, son of Rameshwar Sah, village Jaideo
Patti, PS Ghanshyampur, Dist. Darbhanga - Opp. Parties.
-----------
2 12.7.2011 Heard learned counsel for the petitioner and the
counsel appearing on behalf of the State.
The petitioner has challenged the order of cognizance,
dated 29.8.2007/30.8.2007 passed by the Judicial Magistrate, 1 st
class, Biraul at Benipur in Ghanshyampur PS Case No. 145/2006.
Learned counsel for the petitioner submits that charges
have already been framed in this case. It is also submitted that an
application has been filed under sub-section (2) of section 320 of
the Cr.P.C. with respect to the charges under section 338 of the
Penal Code which are compoundable with the permission of the
court. Section 338 of the Penal Code is for causing grievous injury
to any person by doing an act which is rash or negligent and is
likely to endanger human life or personal safety of others. In the
present case the petitioner is said to have driven a tractor rashly
causing injury to the victim. The victim is ready to compromise
matter. Section 279 of the Penal Code deals with rash driving on a
public way.
The court below will consider whether the offences are
compoundable and will take into consideration all the facts and
pass an appropriate order expeditiously before moving further with
2
the trial of the case.
This application is disposed of with the aforesaid
observation.
haque ( Sheema Ali Khan, J.)