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Patna High CourtCR. MISC./16800/2023dismissed

Mantu Yadav v. The State Of Bihar

2023-08-01Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16800 of 2023 Arising Out of PS. Case No.-142 Year-2017 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

MANTU YADAV Son of Kalika Yadav @ Kalika singh R/V- Bhaluhi, P.S.- Mohania, District- Kaimur 2.

KALIKA YADAV @ KALIKA SINGH Son of Choudhary Yadav R/VBhaluhi, P.S.- Mohania, District- Kaimur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

This application has been filed for quashing of order dated 06.01.2023 passed by learned Special Judge, POCSO, Kaimuar at Bhabhua in POCSO Case No. 16 of 2017. In a trial of 2017 under the POCSO Act along with various Acts, the petitioners want a opportunity to cross examine a 9 year old child on some flimsy grounds. It appears to the Court that the petitioners are trying to delay the trial somehow.

Accordingly, this application under Section 311 Cr.P.C is mala fide and therefore, this application is dismissed. The Trial Court is directed to conclude the trial within three

Patna High Court CR. MISC. No.16800 of 2023(2) dt.01-08-2023 2/2 months holding the trial on day to day basis. Let a copy of this order be communicated to the District Judge, Kaimur at Bhabua for its compliance through FAX and e-mail forthwith.

(Sandeep Kumar, J) Harsh/ U T