Patna High CourtCR. REV./453/2015withdrawn

Prabha Shankar v. The State Of Bihar

2018-01-29Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.453 of 2015 ======================================================

1. Prabha Shankar S/o Shri Chandrika Singh, Resident of Village - Kutari, P.S. - Warisaliganj, District - Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Shankar Choudhary For the Respondent/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-01-2018 The present petition has been challenging the order dated 21.05.2015, whereby the trial court, after closing of the prosecution evidence has allowed the application of the prosecution under Section 311 of the Cr.P.C. and has permitted the examination of the I.O. and the informant of this case. Learned counsel for the petitioner has fairly conceded that the aforesaid two witnesses are the main witnesses for the case as they are the informant and the I.O., but he grieves that despite issuance of processes against them for their attendance, they were not forthcoming for deposing before the trial court. As such, the petitioner has been put to the trouble of facing the trial for a longer time and now when the judgment was about to be delivered, such a prayer has come to be allowed by the trial court.

Patna High Court CR. REV. No.453 of 2015 (2) dt.29-01-2018 2/2 However, seeing the view of the Court, the learned counsel for the petitioner seeks to withdraw the present petition, but seeks a direction/observation that now after the examination of the aforesaid two witnesses, viz. the informant and the I.O. of this case, the trial be concluded as expeditiously as possible, preferably within a period of three months.

The present petition is permitted to be withdrawn with the observation that the trial court shall conclude the proceedings and deliver judgment, preferably within a period of three months from today.

Dismissed as withdrawn with the liberty aforesaid. (Ashutosh Kumar, J.) Rakhi U T