Ram Sevak Sada v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48108 of 2014 Arising Out of PS.Case No. -14 Year- 2004 Thana -KAMTAUL District- DARBHANGA ========================================================== Ram Sevak Sada Son of Late Saryug Sada resident of villageMadhopatti, Police Station- Kamtaul, District- Darbhanga .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ========================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Mr. Durgesh Nandan, Advocate For the State : Mr. Nand Kishore Prasad, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 16-10-2017 Heard learned counsel for the petitioner, learned counsel for the Opposite Party No. 2 and learned Additional Public Prosecutor 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 accused and in course of investigation police has found

Patna High Court Cr.Misc. No.48108 of 2014 dt.16-10-2017 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