NITIN KUMAR SUREKHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Aggrieved by an order, dated 11.07.2014, passed by learned Ad hoc Additional Sessions Judge V, Lakhisarai, in Sessions Trial No. 146 of 2014, whereby the learned Court below has rejected an application under section 227 Of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for his discharge, filed by the petitioner, the present criminal revision application has been filed under Section 397 read with Section 401 of the Code.

(2.) I have heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor representing the State. Though the Opposite Party No. 2 has entered appearance by way of vakalatnama filed by learned Counsel, there is no representation on his behalf.

(3.) In order to appreciate the grounds taken in the present application and the plea that a case for discharge of the petitioner is made out under Section 227 of the Code, it would be apt to take brief note of the facts, leading to registration of the concerned Lakhisarai (Kabiya) O. P. Police Station Case No. 361 of 2010, for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.