MAHESH KANT CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner is one of the accused in connection with Bahadurpur (Pataur) Police Station Case No.12 of 2010, corresponding to G.R. No.126 of 2018, registered for the offences under Sections 406, 409, 420, 467, 468 and 471 of the Indian Penal Code. After investigation, the Police submitted charge sheet accordingly and the learned Magistrate took cognizance against the petitioner and other co-accused for the aforesaid offences.

(3.) At the stage of hearing on charge, petitioner filed a petition under Section 239 of the Code of Criminal Procedure for discharge. The prayer was refused by the impugned order dated 05.04.2014. The petitioner had challenged the order of refusal of discharge before the learned Sessions Judge, Darbhanga in Criminal Revision No.277 of 2014. The learned Additional Sessions Judge-1st, Darbhanga did not interfere with the order of the trial court by order dated 15.09.2014. Hence, in this application under Section 482 of the Code of Criminal Procedure, both the above orders have been challenged.