IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36183 of 2008
Rameshwar Sah, Son of late Hira Sah, Resident of Village Singhari, PS Bagaha, District West
Champaran ---- Petitioner
Versus
1. The State Of Bihar.
2. Manib Mahato Kushwaha, Son of Ramagya Mahato Kushwaha.
3. Ashok Mahato, Son of Manib Mahato.
Both resident of village Singari, PS Bagaha, District West Champaran --- Opposite Parties
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2 14.7.2011 Learned counsel for the petitioner submits that the
Court below has wrongly discharged the accused persons for the
offences under Section 307 of the Indian Penal Code. The injury
report indicates that there was a depression in skull and X-ray was
advised. The victim remained in hospital from the date of
occurrence i.e. 4.2.2005 till 15.2.2005 i.e. for a bout 11 days. The
injury has been described as grievous in nature.
In the circumstances aforesaid, I quash the order dated
13.5.2008 and remand the matter back to the Court of the Fast
Track Court No. III, Bettiah, West Champaran in Session Trial
No. 524 of 2006 to reconsider the matter of framing of charge.
This order is subject to the fact that the trial has not commenced in
this case. In case the trial has commenced the Court will continue
with the trial and if during the trial, the Court comes to the
conclusion that a case is made out under more grievous offence, it
would be open for the Court to send the matter for trial to the
Sessions Court.
This application is disposed of with the aforesaid
observations.
Sanjay ( Sheema Ali Khan, J.)