IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.13455 of 2008
Dukha Yadav @ Dukha Lal Yadav & Ors
Versus
State Of Bihar & Anr
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For the Petitioner–Sri Pramod Kumar Singh
Sri Dharmendra Kumar Singh
For the OP— Sri G.K. Jha
Sri B.B.Jha
03 08.09.2011 The petitioners have filed this application for quashing the
entire criminal proceeding as well as order dated 1.12.2007 passed by
the Court of Assistant Sessions Judge-II, Supaul in S.T. No. 75/95
rejecting the application of the accused petitioner for discharge under
Section 227 Cr.P.C.
The learned counsel appearing on behalf of the petitioners
submits that on perusal of F.I.R and statement of so called eye witnesses
the occurrence is simple quarrel and minor injuries received through
lathi, fatka and satka but later on other witnesses examination in
investigation changed the statement saying the use of deadly weapon
Farsa, but the contradiction which is vital has not been considered the
petitioner under Section 227 has been illegally rejected through
impugned order.
The impugned order goes to show that after discussing the
materials available on the record and the injury report the Assistant
Sessions Judge-II, Supaul has rejected the petition for discharge.
As such there is nothing in the impugned order to show that
there is any abuse of the process of law in passing the order. Thus, this
application stands dismissed.
Namita ( Rajendra Kumar Mishra, J.)