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Santosh Kumar Sharma @ Santosh Kumar Vs. the State of Bihar

Santosh Kumar Sharma @ Santosh Kumar vs The State of Bihar

Type Court Judgment Court Patna Decided May 11, 2012
~1 min read
https://sooperkanoon.com/case/975107

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Citation
Court
Patna High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Santosh Kumar Sharma @ Santosh Kumar

Advocate Sri. Arun Kumar

Respondent

The State of Bihar

Excerpt

in the high court of judicature at patna criminal miscellaneous no.36290 of 2011 santosh kumar sharma @ santosh kumar, son of upendra sharma, resident of village-mafo, police station-mehus, district- sheikhpura ----------------------------- petitioner versus the state of bihar ---------------------------------”11. 01-2012 heard sri arun kumar, learned counsel for the petitioner and sri hirday narayan singh, addl. public prosecutor. the petitioner has prayed for quashing of an order dated 06.09.2011 passed by learned addl. district judge, f. t.c. iii, sheikhpura in sessions trial no.373a of 2011, whereby the learned trial judge has rejected the petition filed for discharge under section 227 of the code of criminal procedure. learned counsel for the petitioner submits that at the time of occurrence, he was already in his institute at jabalpur and, as such, there was no occasion for the petitioner to remain present at the place of occurrence. it was further submitted that the case was investigated by a police officer, who was one of the members of the raiding party. on the aforesaid two grounds, it has been prayed to quash the impugned order. i have perused the impugned order. i do not find any merit in this application. accordingly, the petition stands dismissed. ( rakesh kumar, j.) nks/-

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36290 of 2011 Santosh Kumar Sharma @ Santosh Kumar, Son of Upendra Sharma, resident of Village-Mafo, Police Station-Mehus, District- Sheikhpura ----------------------------- Petitioner Versus The State Of Bihar ---------------------------------”

11. 01-2012 Heard Sri Arun Kumar, learned counsel for the petitioner and Sri Hirday Narayan Singh, Addl. Public Prosecutor. The petitioner has prayed for quashing of an order dated 06.09.2011 passed by learned Addl. District Judge, F. T.C. III, Sheikhpura in Sessions Trial No.373A of 2011, whereby the learned trial Judge has rejected the petition filed for discharge under Section 227 of the Code of Criminal Procedure. Learned counsel for the petitioner submits that at the time of occurrence, he was already in his Institute at Jabalpur and, as such, there was no occasion for the petitioner to remain present at the place of occurrence. It was further submitted that the case was investigated by a Police Officer, who was one of the members of the raiding party. On the aforesaid two grounds, it has been prayed to quash the impugned order. I have perused the impugned order. I do not find any merit in this application. Accordingly, the petition stands dismissed. ( Rakesh Kumar, J.) NKS/-

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