Appeal Of Petitioner Dismissed As The Court Couldn’t Find Enough Ground To Question The Challenged Order: Patna HC
Title: Binesh Paswan v The State Of Bihar
Citation: CR. MISC. No.21466 of 2023
Decided On; 16-10-2023
Coram: Honourable Mr. Justice Chakradhari Sharan Singh
Introduction:
The petitioners have put to challenge in the present application filed under section 482 of the CrPC, the order dated 20.11.2019 passed by the learned Chief Judicial Magistrate, Biharsharif, whereby he has taken cognizance of the offences punishable under sections 341, 323, 307, 504/34 of the Indian Penal Code.
Facts:
It is submitted on behalf of the petitioners that in the FIR, nothing specific has been attributed against these petitioners. It has further been submitted that, even if, the allegations made in the FIR are taken to be true at their face value they do not prima facie constitute any offence against the petitioners.
Court’s Analysis and Judgement:
On reading of the FIR, it transpires that according to the allegation, the occurrence had taken place during the course of construction of a house. There is specific allegation in the FIR of assault made by the accused persons because of which the mother of the informant sustained injuries. The submission on behalf of the petitioners that no offence is made out based on what has been alleged in the FIR, court decided that it is untenable. This application is, accordingly, dismissed.
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Written By : Sushant Kumar Sharma