Vikash Kumar Singh @ Bikas Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35722 of 2015 Arising Out of PS. Case No.-107 Year-2011 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Vikash Kumar Singh @ Bikas Kumar Singh Son of Satish Prasad singh, resident of Village- Dewara, P.s.- Ghanshyampur, District- Darbhanga ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Satish Prasad Singh, son of Sitaram Singh, resident of Nandapatti, P.S.- Bahera, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.J.Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-02-2023 No one appears on call.

The present petition was preferred for quashing of the order dated 07.04.2015 passed by 2nd Additional Sessions Judge, Benipur in Session Trial No. 39 of 2012 arising out of Ghanshyampur P.S. Case No. 107 of 2011 by which the application filed by the petitioner under Section 91 of the Cr.P.C. and Section 165 of Evidence Act was rejected after holding that the matter was proceeding between 21.05.2013 to 02.11.2013 for the defence but no such application was preferred and previously also on 20.12.2014 such application was rejected. However, on 22.02.2015 another application has been filed and according to the prosecution the same is being

Patna High Court CR. MISC. No.35722 of 2015(2) dt.23-02-2023 2/2 done only to delay the process.

Considering the order dated 07.04.2015 which is a reasoned one as also the fact that in between lots of water may have flown down the ganges and the petition may have become infructuous, this case is even otherwise fit to be dismissed. Since no one has appeared on behalf of the petitioner, the petition stands dismissed for non-prosecution. (Rajiv Roy, J) Jagdish/Neha/- U T