High CourtsSINGLE BENCH(2017) 02 JH CK 0137

Ashish Pathak @ Babu vs The State of Jharkhand

Jharkhand High Court · Decided on 20 February 2017

HON’BLE JUDGES
Rongon Mukhopadhyay
RESULT
Allowed
CASE NUMBER
25 of 2017

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Judgment

7 paragraphs · 203 words
1.

Heard Mr. P.S. Dayal, learned counsel appearing on behalf of the petitioners.

2.

Since common questions of law and fact are involved in both the applications, the same are being disposed of by this common order.

3.

These application are directed against the order dated 16.11.2016 passed by the learned Sessions Judge, Ramgarh in Sessions Trial No.29 of 2016 whereby and whereunder the discharge application preferred by the petitioners had been rejected.

4.

It appears from the impugned order dated 16.11.2016 that a mere mention has been made of perusal of the record without indicating what are materials available in course of investigation so as to prosecute the petitioners in the criminal case.

5.

In absence of any cogent and justifiable reason, the impugned order dated 16.11.2016 passed in Sessions Trial No.29 of 2016 is hereby quashed and set aside. The matter is remanded back to the learned trial court to pass a fresh order in accordance with law after hearing the parties and after perusing the materials available on record.

6.

The exercise indicated above shall be completed within a period of one month from the date of receipt/production of this copy of this order.

7.

Accordingly, these applications stand allowed.