Patna High CourtCR. MISC./15099/2014dismissed

Kokari Singh And ORS. v. The State Of Bihar

2016-08-01Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15099 of 2014 Arising Out of PS.Case No. -246 Year- 2007 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================

1. Kokai Singh

2. Umesh Singh, Both Sons of Nathuni Singh.

3. Pappu Singh, Son of Kokai Singh . All Residents of Village- Andaul, P.S.:- Baruraj, DistrictMuzaffarpur .... .... Petitioners

Versus

1. The State of Bihar

2. Chalitar Ram, son of Jitan Ram, resident of village- Andaul, P.S. Baruraj, District- Muzaffarpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Dr.Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-08-2016 On call, a prayer is being made by learned counsel for the petitioners, in presence of Dr. Indiwar Kumari, learned Addl. Public Prosecutor and Sri Chandra Shekhar Anand, learned counsel for the Opp.Party no.2 for adjourning the case , so that the petitioners may file supplementary affidavit and bring on record evidence of witnesses recorded before charge. The present petition was filed against the order dated 03.01.2014, whereby the petition under Section 245 of the Code of Criminal Procedure for discharge of the petitioners was rejected.

Patna High Court Cr.Misc. No.15099 of 2014 (3) dt.01-08-2016 2/2 In this case, a complaint was filed long back in the year 2007 and it is not clear as to why such delay has occurred. In this case complaint was filed in the year 2007 and in the year 2014 the case came to the stage of charge and,thereafter, again when in the year 2016 the present matter was taken up, a prayer was made for adjourning the case for filing supplementary affidavit. Accordingly, the prayer for adjournment stands refused.

I have perused the impugned order .I do not find any error in the impugned order. The petition stands dismissed. While dismissing the present petition, it is desirable to direct the court below to take immediate steps so that the case may come to its logical end without unnecessary delay. (Rakesh Kumar, J) NKS/- U