Patna High CourtCR. MISC./21996/2014dismissed

Mohan Sah And ORS v. State Of Bihar And ANR

2017-10-04Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 21996 of 2014 Arising Out of PS.Case No. -374 Year- 2011 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ===========================================================

1. Mohan Sah Son of Late Dayanand Sah

2. Savitri Devi Wife of Mohan Sah

3. Sujeet Jaiswal @ Munna Son of Mohan Sah All residents of Savitri Market, Thana Road, Khagaria P.S. & District - Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ratna Devi Wife of Ajit Kumar & Daughter of Ramji Ram Resident of Mohalla - Vikramshila Colony, Urdu Bazar (Jagarnath Surhi Lane, Near Jangli Kali Asthan), P.S. - Tatarpur (Kotwali), District - Bhagalpur .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr Dronacharya, Advocate For Opposite Party No 2 : Mr Ranjeet Kr Singh, Advocate For the S t a t e : Ms Sharda Kumari, APP =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 04-10-2017 Counsel for the petitioners, State and Opposite Party No 2 are present.

Earlier, vide order dated 12.07.2017, notices were issued to Opposite Party No 2. Today, counsel for Opposite Party No 2 submits that prior to issuance of notice to Opposite Party No 2, the charges have already been framed by the Court below and that four witnesses have already been examined in the case. Having considered the aforesaid developments, subsequent to filing of the instant case, this Court does not think it

Patna High Court Cr.Misc. No.21996 of 2014 dt.04-10-2017 2/2 appropriate to exercise jurisdiction under Section 482 of Criminal Procedure Code at this stage.

It will be open to the petitioners to take their defence and raise their contentions before the trial Court at the appropriate stage in accordance with law.

With the aforesaid observation, this application is dismissed.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.10.2017 Transmission Date 07.10.2017