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Patna High CourtCR. MISC./10471/2017dismissed

Abdhesh Kumar v. The State Of Bihar And ORS

2017-08-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10471 of 2017 Arising Out of PS.Case No. -98 Year- 2002 Thana -NARHAT District- NAWADA =========================================================== Abdhesh Kumar son of late Bachchu Singh, resident of village- Khanwan, P.S. Narhat, District- Nawada.

.... .... Petitioner

Versus

1. The State of Bihar

2. Krishna Pd. Singh son of Late Dukhi Singh

3. Anandi Singh son of late Dukhi Singh

4. Balbhadra Narayan Singh son of Krishna Prasad Singh

5. Chandradeo Narayan Singh son of Krishna Prasad Singh

6. Jyoti Narayan Singh son of Krishna Prasad Singh. .... .... Opposite Parties.

=========================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP For O. P. No. 2 : Mr. V. R. Sonbhadra, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 02-08-2017 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing of the order dated 08.11.2016 passed by learned Additional Sessions Judge-1, Nawada in Session Trial No. 44 of 2013, arising out of Narhat P. S. Case No. 98 of 2002 whereby the application of the petitioner seeking framing of charge afresh has been rejected.

2.

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for opposite party no. 2. 3.

It would be evident from the record that in Narhat P. S. Case No. 98 of 2002 dated 24.10.2002, charges were framed on

Patna High Court Cr.Misc. No.10471 of 2017 dt.02-08-2017 18.09.2006 and after examination of witnesses, the prosecution evidence was closed on 27.10.2010. Since then, the petitioner has been filing one or the other petition and delaying the completion of trial. No ground for interference in the impugned order dated 08.11.2016 is made out.

4.

Accordingly, the application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.08.2017 Transmission Date 03.08.2017