High Court Patna High Court - Orders

Sheo Nandan Prasad @ Sheo Nandan … vs The State Of Bihar & Anr on 12 October, 2011

Patna High Court – Orders
Sheo Nandan Prasad @ Sheo Nandan … vs The State Of Bihar & Anr on 12 October, 2011
             IN THE HIGH COUR T OF JUDICATURE AT PATNA
                           Cr.Misc. No.5429 of 2011
          Sheo Nandan Prasad @ Sheo Nandan Chaudhary & Anr
                                        Versus
                           The State Of Bihar & Anr
                                     -----------

For the petitioner : Mr. Rama Kant Sharma, Sr. Adv.

Mr. Laxmi Kant Sharma, Advocate.

For the State : Mr. Matloob Rab, A.P.P.

———–

2 12.10.2011 Supplementary affidavit has been filed

which is taken on record.

Heard learned counsel for the petitioners

as well as learned A.P.P.

Earlier petitioners had challenged the

order dated 27.01.2011 passed by learned lower

court through which his prayer for discharge was

rejected and subsequently, by supplementary

affidavit also challenged the order dated

23.08.2011 whereby and where under the learned

court had framed charge against the petitioners

and others under Section 323/34, 341/34,

379/34, 504/34, 324/34, 325/34 of the I.P.C.

During course of assailing the composite

order, the learned counsel for the petitioners

impress upon the court to consider and scrutinize
2

the statement of the witnesses like a trial court,

which, for the present purpose, would not be in

spite of the fact that court is adjudicating upon

the matter under Section 482 of the Cr.P.C. Apart

from this, charge has already been framed,

consequent thereupon the trial is in progress. The

discrepancy and inconsistency having amongst

the statement of the witnesses which has been

highlighted by the learned counsel for the

petitioners would be a better recourse for the

petitioner to sack the testimony at an appropriate

stage but so far present stage is concerned, the

same is not going to lean in his favour.

Accordingly, petition is disposed of in the

light of aforesaid observation.

PN                       (Aditya Kumar Trivedi, J.)