IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.31422 OF 2008
JAWAHIR MUKHIYA, SON SOF LATE MUKHI MUKHIYA, RESIDENT OF
VILLAGE LAXMIPUR, POLICE STATION NAUTAN, DISTRICT WEST CHAMPARAN
VERSUS
THE STATE OF BIHAR
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2 28/06/2011 Heard Counsel for the petitioner and the A.P.P.
appearing on behalf of the State.
The petitioners are aggrieved by the order
dated 24.05.2008 passed in Criminal Revision No. 173 of
2007 by which the Sessions Judge, West Champaran at
Bettiah has affirmed the order dated 10.05.2007 passed
in Nautan Police Station Case No. 199 of 2005 by which
the Judicial Magistrate, 1st Class, Bettiah has rejected
the application under Section 239 of the Code of Criminal
Procedure.
The petitioner challenges the orders impugned
on the ground that it was his nephew who kept the arms
in the house and the petitioner in fact was not aware of
the acts of his nephew.
All these aspects of the matter being the
defence of the petitioner cannot be considered at this
stage.
This application is accordingly dismissed.
Anand ( Sheema Ali Khan, J.)