Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.452 of 2009 ====================================================== Ravi Shankar Tiwari, son of Sri Sheo Mangal Tiwari, Resident of village- Rahua, P.S. Musahari, in the District of Muzaffarpur. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) 4 19-01-2012 Heard Mr. Ramakant Sharma, learned Sr. counsel assisted by Mr. Manoj Kumar Ambastha, learned counsel and Mrs. Dr. Indiwar Kumari, learned A.P.P. for the State. This application is directed against the order dated 11.02.2009 passed by the Sessions Judge, Muzaffarpur in Sessions Trial No. 749(A)/2008 arising out of Kazimohammadpur P.S. Case No. 25/2001 instituted under [STATUTE] and 27 of the Arms Act by which the discharge petition filed on behalf of the petitioner has been rejected. Earlier by order dated 28.08.2009 the case diary was called for and a reminder was also sent on 14.01.2010. The case diary has been received and is on record. Learned counsel for the petitioner submits Patna High Court CR. REV. No.452 of 2009 (4) dt.19-01-2012 2 that the date of occurrence is 05.03.2001 and the informant is the wife of the deceased and the petitioner is not named in the first information report. He submits that only three persons have taken his name and that too by way of a passing reference and nothing specific has been attributed to them. One Kamlesh whose statement was recorded at paragraph-102 of the case diary has only stated that the deceased used to take the name of various persons with whom he had rivalry and the petitioner’s name is also mentioned in that context. Learned counsel further submits that one Abhay Jha whose statement is recorded at paragraph-119 of the case diary has only stated that after committing the crime they went to the house of the petitioner and informed him and another person with regard to the crime. It appears that the main cause of implicating the petitioner is the statement of the main accused i.e., Salil Kumar Singh @ Lallu who has taken the name of the petitioner but no role has been attributed to him. From the order impugned also, it transpires that nothing incriminating has come against the petitioner though passing references may be there in the investigation and statement of the witnesses. Learned counsel for the petitioner draws the attention to this Court to a very important aspect of the case which is the note of the Inspector Patna High Court CR. REV. No.452 of 2009 (4) dt.19-01-2012 3 General of Police, Tirhut, Muzaffarpur dated 24.08.2003 in which during the review of important cases, two cases in which the petitioner’s name had figured were also the subject matter and after detailed discussion and also going through the records of the cases, the conclusion was reached that the petitioner was unnecessarily named and it was specifically directed to take steps to get the name of the petitioner deleted from the cases. However, it appears that the same has still not been done. By the order impugned also, no specific reason has been given nor any material discussed which even remotely would suggest that the petitioner has any role in the crime. He may at best be a person who may be known to the parties, either the deceased or the accused, but beyond that there is nothing even to suggest his complicity in the case. Considering the facts and circumstances of this case, this Court feels that allowing trial to go on with regard to the petitioner would not be in the interest of justice and would rather be an abuse of the process of the Court. For the reasons aforesaid, the petitioner stands discharged from the liability of having to undergone trial in Sessions Trial No. 749(A)/2008 arising out of Kazimohammadpur P.S. Case No. 25/2001. Patna High Court CR. REV. No.452 of 2009 (4) dt.19-01-2012 4 The application stands allowed. Let the case diary be returned to the court below. Md. Ibrarul/- (Ahsanuddin Amanullah, 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.