Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31359 of 2010 ====================================================== Dhananjay Singh, son of late Jawahar Singh, resident of village Malthar Police Station, Udwant Nagar, Distt. Bhojpur. .... .... Petitioner/s Versus 1. The State of Bihar 2. Dharmendra Singh, son of Gorakh Singh, resident of village Malthar, P.S. Udwant Nagar, Distt. Bhojpur. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Md. Ataul Haque, Adv. For the State : Mr. H.A. Khan, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 10-05-2012 Heard learned counsel for the petitioner and the State. The petitioner who was the Informant of Udwant Nagar P.S. Case No. 167 of 2009 is aggrieved with the order dated 18.6.2010 by which 5th Additional Sessions Judge, Bhojpur, has allowed the discharge petition filed on behalf of the Opposite party No. 2 and converted the case under [STATUTE] and remitted it for Trial before the Magistrate. It has been submitted on behalf of the Petitioner that there was definite material against the accused persons punishable under [STATUTE] and thus the Police had submitted charge sheet under [STATUTE] and, therefore, the Court below was not Patna High Court Cr.Misc. No.31359 of 2010 (2) dt.10-05-2012 2 / 2 2 justified in holding that a case under [STATUTE] was made out. On the other hand, the Counsel for the Opposite party No. 2 submits that the Trial is at the fag end and the order at this stage may not been interfered with. In my opinion, the stage of case is immaterial since the primary object a Court is to ensure dispensation of justice and, therefore, the Magistrate is directed to appraise the evidence adduced on behalf of the Prosecution to conclude as to whether an offence punishable under [STATUTE] is made out and pass appropriate orders thereafter. However, it is made clear that this Court has not applied its mind to this aspect on merits. With this observation, the application is disposed off. Let this order be communicated to the 5th A.D.J., Bhojpur at Arrah, through FAX at the cost of the petitioner. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.