High Court Patna High Court - Orders

Indra Shekhar Jha @ Indushekhar … vs The State Of Bihar & Anr on 12 July, 2011

Patna High Court – Orders
Indra Shekhar Jha @ Indushekhar … vs The State Of Bihar & Anr on 12 July, 2011
                          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.)