CRIMINAL MISCELLANIOUS No.32269 OF 2004
In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973.
HARIVANSH RAI, SON OF KAMLESHWARI RAI, RESIDENT OF VILLAGE
SIRDILPUR, P.S. PATORY, DISTRICT SAMASTIPUR.
----------------------------------------------------------------------------------- PETITIONER
Versus
1.
THE STATE OF BIHAR.
2. ARUN KUMAR SINHA, THE THEN O/C OF PATORI POLICE STATION,
P.S. PATORI, DISTRICT SAMASTIPUR.
————————————————————————– OPPOSITE PARTIES
For the petitioner :- Mr. Ganesh Prasad Singh, Advocate
Mr. C.M. Jha, Advocate
For the State :- Mr. Jharkhandi Upadhyay, A.P.P.
PRESENT
THE HON’BLE JUSTICE SMT. SHEEMA ALI KHAN
S.A. Khan,J. Heard learned counsel for the
petitioner and the counsel appearing
on behalf of the State.
2. The petitioner has challenged
the order dated 22.3.2004, passed by the
Chief Judicial Magistrate, Samastipur,
in G.R. Case No. 1734 of 2000, arising
out of Patory P.S. Case No. 149 of 2000.
3. I do not think that this is a
fit case in which the Court can decide
whether the petitioner participated in
-2-
the occurrence or not on the basis of
the materials before this Court. It
would require a full fledged trial.
4. In the result, this application
is dismissed.
Patna High Court, (Sheema Ali Khan, J.)
The 9th of Feb., 2011
N.A.F.R./Sanjay