Satish Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39688 of 2015 Arising Out of PS. Case No.-18 Year-2010 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Satish Pandey Son of Ramashish Pandey resident of village- Naya Gaon,tulasia, P.s Mirganj, District Gopalganj. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Opposite Party/s :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-02-2023 No one appears on call.

The present petition has been preferred for quashing of the order dated 20.07.2015 in Sessions Trial No. 138 of 2011 arising out of Gopalganj P.S. Case No. 18 of 2010 passed by the learned A.D.J. 4th, Gopalganj whereby and whereunder the petition filed under Section 227 of the Cr.P.C. for discharging the petitioner.

As per the prosecution story, when the informant was going to his house along with his brother (deceased), it is alleged that four named accused persons and some unknown persons surrounded them and on the order of Amod Tiwary, the accused persons opened fire as a result, informant's brother Brajesh Rai as also one Ashok Rai sustained fire arm injuries and died later. Accordingly, the FIR was lodged.

Patna High Court CR. MISC. No.39688 of 2015(2) dt.27-02-2023 2/2 Accordingly, the charge sheet followed by cognizance order and later the trial started.

It seems that the lots of water may have flown down the ganges after filing of the present petition and as such, the petitioner has lost interest.

Accordingly, the petition stands dismissed for nonprosecution with liberty to raise all the points before the Trial Court at an appropriate stage.

(Rajiv Roy, J) Neha/- U T