Patna High CourtCR. MISC./8116/2015dismissed

Lal Kishore Rai And ORS. v. State Of Bihar And ANR

2018-02-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8116 of 2015 Arising Out of PS. Case No.-129 Year-2012 Thana- BOCHAHAN District- Muzaffarpur ======================================================

1. Lal Kishore Rai son of Jagat Rai

2. Jagat Rai Son of Late Jiwan Rai

3. Balram Rai Son of Jagat Rai

4. Ram Bhajan Rai @ Bhajan Rai Son of Jagat Rai

5. Nawal Kishore Rai @ Nawal Rai son of Jagat Rai All Resident of village- Basauli, Bisunpur, Naraayan, P.S. Bochahan, District Muzaffarpur ... ... Petitioner/s

Versus

1. The State of Bihar

2. Chhoti Devi Wife of Kameshwar Paswan, Resident of village- Basauli, Bishunpur, Narayan, P.S. Bochahan, District Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nachiketa Jha For the Opposite Party/s :

Mr. RAM SHANKAR DAS(SPL.APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-02-2018 The petitioner is aggrieved by order dated 02.02.2005 by which the petition filed by the petitioners for discharge has been rejected by the learned 1st Additional Sessions Judge-cumSpecial Judge SC/ ST Act, Muzaffarpur. The learned counsel for the petitioners has submitted that he is mainly aggrieved by that part of the order by which the learned Court below has found sufficient materials against the petitioners for the offence under Section SC /ST Act. It is further submitted that no offence under Section SC/ST Act is made out. A report was called for from the Court below which has been received wherein the learned Court below has mentioned

Patna High Court Cr.Misc. No.8116 of 2015(3) dt.23-02-2018 2/2 that the case is now fixed for argument. In view of such, from the report of the learned Court below, it appears that all the witnesses in the case have been examined and the case has been fixed for final argument. Therefore, at this stage, this Court does not deem it proper to interfere with the order impugned. This Cr. Misc. application is , accordingly, dismissed. The learned Court below is directed to proceed with the case in accordance with law and made effort to deliver final judgment in the case as early as possible.

(Sanjay Priya, J) shyambihari/- U T