Binod Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.24542 of 2016 (03) dt.05-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24542 of 2016 Arising Out of PS.Case No. -719 Year- 2009 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Binod Kumar Singh son of Late Chandra Bhushan Prasd Singh, resident of Village and P.O. Mohanpur Road Naku Asthan, P.S. Samastipur Mufassil , District- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Bibhuti Narain Rai, son of late Ram Binod Rai, resident of villageSaraiganj, P.S. Saraiganj, District-Samastipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. A. K. Thakur-Advocate Mr. Nilesh Kumar-Advocate Mr. Shashank Shekhar -Advocate Mr. Ravi Ranjan-Advocate For the Opposite Party/s : Mr. Veena Kri.Jaiswal(A.P.P.) For the Informant : Mr. Sujit Kumar Singh-Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner as well as learned counsel for the opposite party no.2 along with learned Additional Public Prosecutor.

Gone through the order impugned.

Even having the F.S.L. Report exhibited, defence intends to examine the relevant officers in whose pen those reports were and for that, a prayer was made which the learned lower Court turned down by the order impugned.

In terms of Section 233(3) Cr.P.C. read with Section 292(2) of the Cr.P.C., petitioner has got some sort of privilege on

Patna High Court Cr.Misc. No.24542 of 2016 (03) dt.05-09-2016 that very score and for that, the learned lower Court should have issued 'Dasti Summon', as prayed for on behalf of petitioner/ accused, which is expected to be properly complied with by the learned lower Court.

As such, order impugned is set aside. Petition is allowed.

(Aditya Kumar Trivedi, J) Vikash/- U T