High Court Patna High Court - Orders

Lalan Kumar Sahani vs State Of Bihar on 1 December, 2010

Patna High Court – Orders
Lalan Kumar Sahani vs State Of Bihar on 1 December, 2010
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr.Misc. No.8445 of 2010
LALAN KUMAR SAHANI S/O SRI INDRADEO SAHANI R/O VILLAGE-NIMA
CHANDPURA P.S.- NIMA CHANDPURA, DISTRICT- BEGUSARAI
                                   Versus
                              STATE OF BIHAR
                                 -----------

2. 01.12.2010 Heard the parties.

The petitioner is aggrieved by the order

dated 8.2.2010 passed in Begusarai Town P.S.

Case No. 14/2003 by S.D.J.M., Begusarai, by

which he has refused to consider the discharge

petition since the provisions of law has been

mentioned as 227 Cr.P.C. whereas it should have

been 239 Cr.P.C.

Considering that the dismissal was for

technical reasons the matter is remanded to the

court below for afresh consideration on the

petition filed on behalf of the petitioner in case the

charge has not been framed.

                                With        these    observations       the

                    application is disposed off.


       Fahad.                                  ( Anjana Prakash, J. )