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Amod Tiwari @ Amod Kumar Tiwary vs State Of Bihar on 9 March, 2011

Patna High Court – Orders
Amod Tiwari @ Amod Kumar Tiwary vs State Of Bihar on 9 March, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.22540 of 2010
           AMOD TIWARI @ AMOD KUMAR TIWARY, SON OF JANAK PRASAD
           TIWARY, R/O GANSH ASTHAN MANJHA, P.S. PHULWARIA, DISTT.
           GOPALGANJ.
                                                         ------ PETITIONER.
                                            Versus
                                  THE STATE OF BIHAR
                                          -----------

2. 09.03.2011 Heard the parties.

The petitioner is aggrieved with the order dated

1.6.2010 passed in Gopalganj P.S. Case No. 18 of 2010 by the

Chief Judicial Magistrate, Gopalganj, by which he has taken

cognizance under Sections 302, 120(B)/34 of the Indian Penal

Code and Section 27 of the Arms Act.

It has been submitted that when the petitioner filed

an application for verification on the point of his alibi which was

done and indeed it was found that the petitioner was admitted in

the Hospital despite which the charge sheet was submitted and

cognizance was taken in the matter.

Since alibi is a question of fact which can only be

properly appreciated at the stage of trial, I am not inclined to

interfere in the matter.

The application is dismissed.

( Anjana Prakash, J.)
S.Ali

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