Jabair Alam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16190 of 2015 Arising Out of PS.Case No. -12 Year- 2012 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ===========================================================
1. Jabair Alam, Son of Sheikh Sani,
2. Md. Sani Sheikh, Son of Sheikh Jainul
3. Nurshed Alam, Son of Sk. Abdul Bari All Resident of village- Pipara, PS.- Gaunaha, District- West Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Subhash Chandra Bose, Advocate. For the informant : Mr. Umesh Chandra, Verma, Advocate. For the Opposite Party/s : Mr. Abhay Kumar No. 1, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 23-03-2018 1.
This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 22.01.2015 passed by the learned Additional District & Sessions Judge-II, Bettiah, West Champaran, in Sessions Trial No. 452 of 2014 arising out of Gaunaha P.S. Case No. 12 of 2012 by which the learned Sessions Judge has rejected the petition for discharge filed by the petitioners under Section 227 Cr. P.C.
2.
Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. 3.
Report with regard to the present stage of trial has been called for from the court below which has been received. The
Patna High Court Cr.Misc. No.16190 of 2015 dt.23-03-2018 2/2 court below has mentioned in the report that after framing of charge, the case is pending for evidence. Out of 10 prosecution witnesses, only one witness has been examined in the trial. The trial is likely to be concluded within 7-8 months.
4.
In such circumstances, this Court does not seem it fit and proper to interfere in the impugned order. 5.
Therefore, this Criminal Miscellaneious application is dismissed.
6.
The court below will proceed in the trial in accordance with law and make efforts to conclude the trial within period as mentioned in the report.
(Sanjay Priya, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 31/03/2018 Transmission Date 31/03/2018