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Patna High CourtCR. MISC./38562/2014dismissed

Kundan Kumar Ojha And ORS v. State Of Bihar And ANR

2016-02-11Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38562 of 2014 Arising Out of PS.Case No. -283 Year- 2010 Thana -BRAHMPUR District- BUXAR ===========================================================

1. Kundan Kumar Ojha son of late Tarkeshwar Ojha, resident of village Nimej, Police Station Brahampur in the district of Buxar

2. Janardan Turha son of late Barmeshwar Turha, resident of village Panchperwa, Police Station Brahampur in the district of Buxar

3. Ashok Kumar @ Ashok Kuwar son of Raghunath Kuwar, resident of village Dallupur, Police Station Brahampur in the district of Buxar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ravindra Nath Ojha son of late Braj Kishore Ojha, resident of village Nimej, Police Station Brahampur in the district of Buxar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 11-02-2016 The Petitioners seek quashing of the order dated 19.4.2014 passed by the Sessions Judge, Buxar in Criminal Revision No.39 of 2013, by which he has upheld the order dated 18.3.2013 passed by the Judicial Magistrate, 1st class, Buxar, by which he has refused to discharge the Petitioners in G.R. case No.1743 of 2010/ Trial No.02 of 2013 arising out of Brahampur P.S. case No.283 of 2010.

Considering that this is a second revision in the garb of an application under Section 482 Cr.P.C. and no patent illegality could be pointed out, I am not inclined to interfere in the matter.

Patna High Court Cr.Misc. No.38562 of 2014 dt.11-02-2016 2/2 The application is dismissed.

The Trial Court is directed to expedite the trial and conclude the same positively within a period of six months from the date of receipt of this order without granting unnecessary adjournments to any party, for which reason he shall send a list of the witnesses fixing specific dates for each witnesses for their examination along with a copy of this order to the S.P., Buxar, who is directed to ensure the attendance of the witnesses on the date fixed by the Trial Court so that there is no further delay in the trial. (Anjana Prakash, J) Narendra/- U T