Sri Prakash Gupta @ Munna Gupta @ Shree Parkash Gupta v. The State Of Bihar Through The Home Secretary, Government Of Bihar, Old Secretariat, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.606 of 2017 Arising Out of PS. Case No.-65 Year-2008 Thana- THAKURGANJ District- Kishanganj ====================================================== Sri Prakash Gupta @ Munna Gupta @ Shree Parkash Gupta Son of Late Kanhaiya Lal Gupta, resident of Mohalla- Station Road, Thakurganj, Police Station- Thakurganj, District- Kishanganj.

... ... Petitioner

Versus

1.

The State Of Bihar Through The Home Secretary, Government Of Bihar, Old Secretariat, Patna 2.

The Director General of Police, Government of Bihar, Patna. 3.

The Insepctor General of Police, Darbhanga Region, Darbhanga. 4.

The Deputy Inspector General of Police, Purnea Division, Purnea. 5.

The Superintendent of Police, Kishanganj.

6.

The Sub-Divisional Police Officer, Kishanganj Sadar, District- Kishanganj. 7.

The Investigation Officer, under the District of Kishanganj, Thakurganj Police Station, District- ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar For the Respondent/s :

Mr. Md. Nasrul Huda Khan Sc1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-08-2019 It is conceded by the learned counsel for the petitioner that during pendency of the application the grievance of the petitioner has been redressed. The remaining prosecution witnesses in Sessions Trial No. 1456 of 2012 arising out of Thakurganj P.S. Case No. 65 of 2008 have already been examined. As on date, the case is pending for examination of defence witnesses. He contended that though the case is fixed

Patna High Court CR. WJC No.606 of 2017(2) dt.06-08-2019 2/3 for adducing evidence on behalf of the defence for the last one year, no defence witness has been examined till date and the court is not proceeding to the next stage.

Learned counsel appearing for the State submitted that so far as the State is concerned, it is diligent in discharge of its duty. It has examined all the prosecution witnesses and now it is for the court to expeditiously dispose of the trial pending before it.

I have heard learned counsel for the petitioner and learned counsel for the State.

The writ petition was filed for issuance of a direction to the respondent no.5 (Superintendent of Police, Kishanganj) to ensure attendance of witnesses in Sessions Trial No. 1456 of 2012 arising out of Thakurganj P.S. Case No. 65 of 2008 pending in the court of 2nd Additional Sessions Judge, Kishanganj.

As the grievance of the petitioner regarding nonexamination of prosecution witnesses has already been redressed, the writ petition is disposed of with a direction to the learned 2nd Additional Sessions Judge, Kishanganj to dispose of the aforesaid Sessions Trial expeditiously preferably within four months from the date of receipt/production of a copy of the

Patna High Court CR. WJC No.606 of 2017(2) dt.06-08-2019 3/3 order.

Registry is directed to transmit a copy of the order to the court below forthwith.

(Ashwani Kumar Singh, J) Pradeep/- U T