Ghan Shyam Sharma And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39421 of 2014 Arising Out of PS.Case No. -89 Year- 2013 Thana -MEHANDIA District- JEHANABAD ======================================================
1. Ghan Shyam Sharma Son of Late Janki Singh
2. Dhananjay Kumar Son of Ghan Shyam Sharma
3. Saryu Singh Son of Gobardhan Singh
4. Suresh Singh Son of Ram Pati Singh All four are resident of village-Nashirpur Khaira, P.S.-Mehandia, DistrictArwal (Bihar).
5. Dharmendra Kumar son of Radhey Shyam Sharna
6. Radhey Shyam Sharma Son of late Ram Khelawan Singh Both resident of Village- Kaniya Chak, P.S.- Kinjar, District- Arwal (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar
2. Arvind Kumar Bhasakar @ Om Prakash, Son of Late Nawal Prasad Singh, Resident of Village- Gareriya Khan, P.G. Road, Arwal More, Jehanabd, Police Station- Jehanabad, District- Jehanabad. At present resident of Village- Nashirpur Khaira, P.S.-Mehandia, District-Arwal (Bihar). .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Purushotam Sharma, Advocate For the Opposite Party/s : Mr. Ajay Kr. 2(App) For Opposite Party no.2 : Mr. Sunil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners, State and opposite parties.
The petitioners have filed the instant application for quashing of the order dated 22.01.2014 passed by the learned Chief Judicial Magistrate, Jehanabad in Mehandia P.S. case no. 89 of 2013, whereby the learned Magistrate took cognizance for the offence under Sections 427 and 379/34 of the Indian Penal Code. Having regard to the nature of controversy, this
Patna High Court Cr.Misc. No.39421 of 2014 (5) dt.21-09-2017 2/2 application is disposed of with a direction to the court below to expeditiously conclude the trial preferably within a period of six months from the date of receipt/production of a order of this Court, particularly in view of the fact that earlier the police has submitted final form and on protest petition cognizance has been taken in the instant case, way back in the year 2014. It is made clear that this Court has not expressed any opinion on the merit of the case. The parties are expected to cooperate the court in early disposal of the case and the court below is directed not to grant unnecessary adjournment in the case.
(Anil Kumar Upadhyay, J) Uday/- U T