Neyaz Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44345 of 2014 Arising Out of PS. Case No.-122 Year-2007 Thana- Bisfi District- Madhubani ====================================================== Neyaz Ahmad, Son of Late Md. Munif, Resident of Village-Noorchak Navtoli, Police Station-Bisfi, District-Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Md. Shamimul Hoda, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-09-2017 Heard Mr. Md. Shamimul Hoda, learned counsel for the petitioner and learned Addl. Public Prosecutor. The present petition was filed under Section 482 of the Code of Criminal Procedure with a limited prayer to quash an order dated 07.02.2014 passed in Sessions Trial No.639/2010, arising out of Bisfi P.S. Case No.122/2007 by the learned 3rd Addl. Sessions Judge, Madhubani. By the said order, the petition filed on behalf of the petitioner for permitting the petitioner to go abroad for Hajj Pilgrimage and also for obtaining passport was rejected. The said petition was rejected in the year 2014 and the matter was taken up in the year 2017. The Court is of the opinion that since the said petition, which was filed for permitting the petitioner to go for Hajj in the year 2013 was rejected in the year 2014, no purpose would be served

Patna High Court Cr.Misc. No.44345 of 2014(2) dt.08-09-2017 2/2 in passing any favourable order.

Learned counsel for the petitioner orally submitted that in the case, charges were framed on 27.12.2012 and, thereafter, the prosecution has produced only three witnesses. Due to pendency of trial, the petitioner was prevented to go abroad for Hajj Pilgrimage and also from obtaining passport. Accordingly, learned counsel for the petitioner makes a prayer for disposal of the present petition with observation that the learned trial court may take all steps for expeditions disposal of the case. Accordingly, without interfering with the impugned order , the present petition stands disposed of. While disposing of the present petition, it is desirable to observe that the learned trial Judge as well as prosecution may take all steps so that the case may come to its logical end without unnecessary delay. The concerned Superintendent of Police is also required for securing attendance of witnesses, as and when required by the trial judge.

(Rakesh Kumar, J) nawalkrs/- U T