Pratima Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80616 of 2018 Arising Out of PS. Case No.-79 Year-2010 Thana- BISHUNPUR District- Darbhanga ====================================================== Pratima Lal w/o- Manoj Kumar, D/O-Kishor Kumar resident of Vill.- Bhagirathpur, P. S.- Sakari, Distt.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Nath Jha, Advocate For the Opposite Party/s :

Mr.Sri Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

This application has been filed for quashing of order dated 23.09.2017 passed by learned Addl. Sessions Judge, Darbhanga in Sessions Trial No. 443 of 2011 arising out of Bishunpur P.S. Case No. 79 of 2010.

From impugned order, it appears that prosecution is not vigilant and only trying to delay the trial. Earlier also, the application for examination of the Investigating Officer was allowed and the prosecution was given one month time but the prosecution failed to produce the Investigating Officer. Again, a fresh application was filed in 2017 under Section 311 of Code of Criminal Procedure. This kind of delaying tactics has to stop and hence, this application is dismissed.

Patna High Court CR. MISC. No.80616 of 2018(2) dt.24-08-2023 2/2 The Trial Court is directed to proceed with trial and pass an appropriate order and decide the same, if the trial is still pending.

(Sandeep Kumar, J) Harsh/ U T