LAWS(PAT)-2015-12-116

PRADEEP KUMAR BHAGAT Vs. THE STATE OF BIHAR

Decided On December 04, 2015
Pradeep Kumar Bhagat Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) By way of the present application under Section 482 of the Code of Criminal Procedure (for short =Cr.P.C.'), the petitioner seeks quashing of the order dated 27.01.2015 passed by the learned Adhoc Additional District & Sessions Judge- IV, Araria in Sessions Trial No. 159 of 2012 arising out of Forbesganj P.S.Case No. 253 of 2010, whereby and whereunder the petition for discharge filed by the petitioner under Section 227 Cr.P.C. has been rejected by the trial court. Further, by way of an Interlocutory Application bearing I.A. No. 1130 of 2015, the petitioner seeks an additional relief and prays for quashing of the order dated 03.07.2015 passed in the aforesaid case whereby charges have already been framed against the petitioner under Sections 328 and 304-B/34 of the Indian Penal Code (for short =IPC').

(3.) The petitioner has been made a named accused in Forbesganj P.S.Case No.253 of 2010 dated 26.07.2010 registered under Sections 328 and 304-B/34 of the IPC. On completion of investigation, the Investigating Officer submitted his report under Section 173(2) Cr.P.C. in the court of Jurisdictional Magistrate, who took cognizance of the offence and after supplying requisite papers in terms of Section 207 Cr.P.C., committed the case to the Court of Sessions for trial.