Patna High CourtCR. MISC./15879/2015dismissed

Mayalal Yadav And ORS. v. State Of Bihar And ANR

2018-03-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15879 of 2015 Arising Out of PS.Case No. -100 Year- 2011 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Mayalal Yadav,

2. Pawan Yadav,

3. Shrawan Yadav @ Sawan Kumar, all sons of late Rajendra Yadav,

4. Chathu Yadav, son of late Koko Yadav,

5. Munshi Yadav, son of Chathu Yadav,

6. Ram Charan Yadav, son of late Bhikhari Yadav,

7. Amin Yadav, s/o Ram Charan Yadav,

8. Naveen Yadav, son of Ram Charan Yadav,

9. Matru Yadav, son of Fuleshwar Yadav, all residents of villageBhawanipur, P.S. Gopalpur ( Rangra O.P. ), District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pinki Devi, W/o late Bilash Yadav, resident of village- Bhawanipur, P.S. Gopalpur ( Rangra ), District - Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : None For the Opposite Party/s : Smt. Sangita Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 05-03-2018 None appeared on behalf of the petitioners.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 20.02.2015 passed by the 2nd Additional Sessions Judge, Naugachia, in Sessions Trial No.747 of 2014 arising out of Gopalpur (Rangra) P.S. Case No.100 of 2011 by which the petition filed by the petitioners under Section 227 Cr. P.C. was rejected.

A report was called for from the Court below about

Patna High Court Cr.Misc. No.15879 of 2015 (3) dt.05-03-2018 2/2 the present stage of the case, which has been received, wherein, it is mentioned that after framing of Charge total six witnesses have been examined. Only Investigating Officer and Doctor are to be examined in the Court below.

In view of such, this Court is not inclined to interfere with the impugned order.

Accordingly, the application is dismissed.

The Trial Court will proceed with the trial in accordance with law.

(Sanjay Priya, J) JA/- U T