Archna Kumari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26013 of 2014 Arising Out of PS.Case No. -636 Year- 2013 Thana -KHAZANIHAT District- PURNIA ====================================================== Archna Kumari, w/o Sri Somay Pridarshi @ Somya Priyadarshi, D/o Yogendra Prasad @ Munna ji, resident of Argara Chowk, Madubani P.S.- K. Hat, District- Purnea now residing in the house of her parents in Mohalla- Surhi Tola Mahendru, P.S.- Pirbahore, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Sri Somay Pridarshi @ Somya Priyadarshi S/o Sri Gopal Prasad at present posted as police sub- inspector, Prosecution cell, Darbhanga, District- Darbhanga AND Permanent resident of Dharmshala Road Kishanganj, P.S. and District- Kishanganj .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Bhartee, Adv. For the State : Mr. Chandra Bhushan Pd., (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02-12-2015 Heard learned counsel for the Petitioner and the State.
The Petitioner seeks transfer of the K. Hat P.S. Case No. 636 of 2013 from the Court of Chief Judicial Magistrate, Purnea, to the Court of Chief Judicial Magistrate, Patna, on grounds of convenience.
Both the spouses were summoned to consider as to whether there is any chance of settlement. However, there does not seem any possibility.
Considering that all the witnesses reside in Patna and it would be inconvenient for them to go to Purnea on every
Patna High Court Cr.Misc. No.26013 of 2014 (6) dt.02-12-2015 2/2 date, the application is allowed and the K. Hat P.S. Case No. 636 of 2013, G.R. No. 4339 of 2013 is transferred from the Court of Chief Judicial Magistrate, Purnea to the Court of competent jurisdiction at Patna. The Chief Judicial Magistrate/Incharge Judge, Purnea, is directed to send the records either to Purnea within three weeks of the date of receipt of this order. The Court at Patna shall not insist on physical appearance of the accused person on any date except charge/ 313 Cr. P.C./ and Judgment and conclude the same positively within a period of nine months from the date of receipt of records. (Anjana Prakash, J) S.Ali/- U T