Vijay Kumar Gupta @ Vijay Prasad Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15202 of 2015 Arising Out of PS.Case No. -79 Year- 2009 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Vijay Kumar Gupta @ Vijay Prasad Gupta, S/o Late Bharat Prasad Gupta, resident of village- Malahi, P.S.- Malahi, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Lalan Prasad @ Raj Narayan Prasad, S/o Rajendra Prasad, resident of village + P.S. Malahi, District East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : None For the Opposite Party/s : Mr. R.S.Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 05-03-2018 None appeared on behalf of the petitioner.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 19.02.2015 passed by the 8th Additional Sessions Judge, Motihari, in Sessions Trial No.575 of 2014 arising out of Govindganj (Malahi) P.S. Case No.79 of 2009 by which the petition filed by the petitioner under Section 227 Cr. P.C. was rejected.

A report was called for from the Court below about the present stage of the case, which has been received, wherein, it is mentioned that Charge has already been framed in the case and

Patna High Court Cr.Misc. No.15202 of 2015 (3) dt.05-03-2018 2/2 summons have been issued for appearance of the witnesses. In view of such, this Court is not inclined to interfere with the impugned order.

Accordingly, the application is dismissed.

The Trial Court is directed to proceed with the case in accordance with law.

(Sanjay Priya, J) JA/- U T