IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19429 of 2010
AJAY KUMAR GUPTA @ AJAY GUPTA, SON OF SHINBATH
GUPTA @ SHIVNATH SAH, RESIDENT OF VILLAGE -
KONHARAGHAT, NEAR POWER HOUSE, P.S. HAJIPUR (TOWN),
DISTT. VAISHALI ------ PETITIONER.
Versus
THE STATE OF BIHAR
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2. 14.02.2011 Heard the parties.
The petitioner has sought quashing of the order
dated 10.2.2009 passed in Sessions Trial No. 100 of 2008 by
which the Additional Sessions Judge, F.T.C. III, Vaishali at
Hajipur has rejected an application filed under Section 227 Cr.
P.C.
It has been submitted that the Informant had
belatedly given a statement for ulterior reason that the
deceased had orally disclosed that the petitioner had poisoned
him and, therefore, it is not believable. The further submission is
that the Trauma Centre where the deceased was removed and
where he is said to have given a dying declaration had certified
that the deceased was all along unconscious while he was in
the hospital and, therefore, this oral dying declarations is
apparently false.
However, these are finer aspects of the case which
can be appreciated only during trial. The application is disposed
of considering the same.
( Anjana Prakash, J.)
S.Ali