Binod Chaudhary And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.24647 of 2013 dt.29-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 24647 of 2013 Arising out of P.S. Case No. -308 Year- 2010 Thana -MAJHAULIA District- WESTCHAMPARAN(BETTIAH) ========================================================

1. Binod Chaudhary, Son of Basdeo Chaudhary.

2. Subodh Chaudhary, Son of Basdeo Chaudhary.

3. Rajeshwar Chaudhary, Son of Basdeo Cahudhary. All are resident of Village-Bahuarwa Kachahari Tola, Police Station-Majhaulia, DistrictWest Champaran.

4. Prem Chaudhary, Son of Mohan Chaudhary, Resident of VillageBariyari, Police Station-Sangrampur, District-East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. B. K. Mishra, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 29-02-2016 The Petitioners seek quashing of the order dated 16.04.2013 passed by the 3rd Ad hoc Additional District & Sessions Judge, West Champaran at Bettiah by which he has dismissed an application for recall of two witnesses for cross-examination in S.Tr. No. 262 of 2011.

Considering that such a recall was sought on the ground that now the matter has been compromised even though the application is under Section 319 Cr.P.C, I see no reason for interference and, hence, the application is dismissed. The Trial Court is directed to expedite the trial and conclude the same positively within a period of three months from the date of receipt of this order without granting unnecessary adjournment to any party.

Vikash/- (Anjana Prakash, J.) U T