Dhruvendra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47956 of 2014 Arising Out of PS.Case No. -14 Year- 2004 Thana -KAMTAUL District- DARBHANGA ========================================================== Dhruvendra Kumar Son of Late Ganga Prasad, Resident of Village- Ganj Raghauli, P.s.- Kamtaul, District- Darbhanga .... .... Petitioner

Versus

1. The State of Bihar

2. Birendra Kumar Raju son of late Narayan Prasad Verma, Resident of Village- Ganj Raghauli, P.S.- Kamtaul, District- Darbhanga .... .... Opposite Party ========================================================== Appearance :

For the Petitioner/s : Mr. Satya Narayan Mishra, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 16-10-2017 Heard learned counsel for the petitioner and learned app for the State.

Learned counsel for the petitioner submits that in fact the Block Development Officer has submitted a report that the work of scheme no. 7/95-96 which was allotted to the petitioner has already been completed.

This court has perused the copy of the first information report and other materials placed by the petitioner before this court. The impugned order dated 21.02.2014 specifically states that this petitioner is a named

Patna High Court Cr.Misc. No.47956 of 2014 dt.16-10-2017 accused and, in course of investigation police, has found materials against him to charge-sheet, and, accordingly, after submission of charge-sheet cognizance was taken in the matter on 21.06.2004 under Section 420 and 409 of the Indian Penal Code. The court found sufficient materials to frame charges against the petitioner.

The so-called report of the Block Development Officer is also not available on the record, moreover, it is a case in which cognizance was taken in the year 2004, this court is not inclined to interfere with the order rejecting the application of the petitioner under Section 239 Cr.P.C. The court below is directed to proceed with the matter on day to day basis as it is more than ten years old matter and must be disposed of within a period of three months from the date of production of a copy of this order.

This application is disposed of with the aforesaid directions and observations.

(Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.10.2017 Transmission Date 16.10.2017