Kismat Rai And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 21308 of 2014 Arising Out of PS.Case No. -278 Year- 1990 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Kismat Rai Son of Suryabansh Rai Resident of Mohallla- Nawada Ara, P.S- Arrah Nawada, District- Bhojpur.

2. Kapildeo Rai Son of Sahdeo Rai Resident of Etur, P.S- Charpokhri District- Bhojpur.

.... .... Petitioners

Versus

1. The State of Bihar

2. Rajendra Upadhyay Son of Late Mahadeo Upadhyay Resident of VillageBarja, P.S- Bihian, District- Bhojpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : None For the Opposite Party/s : Mr. Satyendra Nr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

12-08-2016 On call, none appeared on behalf of petitioners either to press the petition or to make a prayer for adjournment. Sri Satyendra Narain Singh, learned Addl. Public Prosecutor points out that the present petition has been filed for a peculiar relief. He submits that in this case, charge was framed on 27-11-1998, whereas, the present petition has been filed in the year 2014 for quashing of the framing of the charge. He submits that in criminal case, after framing of charge, trial commences. He further submits that it appears that petition has been filed only with a view to delay the final result of the case. I have also perused the impugned order i.e. order

Patna High Court Cr.Misc. No.21308 of 2014 (2) dt.12-08-2016 2/2 framing of charge, which was framed in the year 1998 itself. The present petition stands dismissed, with a direction to the trial court to take all steps for concluding the case within a period of three months from the date of receipt/production of copy of this order, if trial is still pending.

Let a copy of this order be sent to the court below forthwith.

(Rakesh Kumar, J.) Anay U T