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Patna High CourtCR. MISC./24690/2019disposed

Bishnudeo Chaudhary v. The State Of Bihar

2019-04-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24690 of 2019 In CRIMINAL MISCELLANEOUS No.5662 of 2019 Arising Out of PS. Case No.-58 Year-2007 Thana- NAYA RAM NAGAR District- Munger ====================================================== 1.

BISHNUDEO CHAUDHARY, Son of Late Moti Chaudhary R/o villageGarhi Ramour, P.S.- Nayaram Nagar, District- Munger 2.

Sarojani Devi, Wife of Bishnudeo Chaudhary R/o village- Garhi Ramour, P.S.- Nayaram Nagar, District- Munger 3.

Gopal Chaudhary, Son of Bishnudeo Chaudhary R/o village- Garhi Ramour, P.S.- Nayaram Nagar, District- Munger ... ... Petitioners

Versus

1.

The State of Bihar Bihar 2.

Vishwa Mohan Chaudhary @ Vishwamohan Singh, Son of Late Deo Nandan Prasad Singh @ Deo Nandan Singh R/o village- Shambho Sarlahi, P.S.- Sambho Sarlahi, District- Begusarai ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2019 This application has been filed for modification of the order dated 4.2.2019 passed in Cr.Misc.No. 5662 of 2019 by which while refusing the prayer for transfer of trial of Nayaramnagar P.S.Case No. 58 of 2007, learned Magistrate was directed to proceed with the commitment of the case to the court of session within a period of three months.

Submission of learned counsel for the petitioners is that in the meantime on the petition of the informant the case was sent for re-investigation and after re-investigation final

Patna High Court CR. MISC. No.24690 of 2019(2) dt.17-04-2019 2/2 form has been submitted before the learned Magistrate, who without passing any order on the final form has bent upon to commit the case.

Heard learned APP also.

In the facts and circumstances, I am not inclined to interfere with the order passed earlier. However, learned Magistrate will look into the submission of learned counsel for the petitioners while passing any order for commitment. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T