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Patna High CourtCR. MISC./39716/2014disposed

Anand Kishore Prasad And ORS v. The State Of Bihar

2017-08-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39716 of 2014 Arising Out of PS.Case No. -75 Year- 2006 Thana -DORIGANJ District- SARAN ======================================================

1. Anand Kishore Prasad Son of Late Bhrosa Bhagal

2. Rajbanshi Bhagat Son of Lte Bharosa Bhagat Both Resident of Village - Bhairopur,Nijamat P.S.- Doriganj, District - Saran at Chapra

3. Brindra Singh Son of Late Rajnandan Singh Resident of Village - Mehrauli, P.S.- Doriganj, District - Saran at Chapra (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Amar Nath Rai, S/o Lal Saheb Rai, Village- Jaiha Bajitpur, Doriganj, Dist- Saran at Chapra .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : None For the Opposite Party/s : Mr. T.P.Mandal(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-08-2017 Despite repeated calls no one appears on behalf of the petitioners.

In the instant case the petitioners have challenged the order taking cognizance dated 28.8.2010 in T.R. No. 2126 of 2010 arising out of Doriganj P.S. Case No. 75 of 2006. From the record it appears that there is no interim order staying the proceeding of the Court Below. Since the order under challenge is dated 28.8.2010, and more than seven years have elapsed, there is no justification in keeping such petition filed under Section 482 Cr. P.C pending in this court.

Patna High Court Cr.Misc. No.39716 of 2014 (3) dt.28-08-2017 2/2 The Court is constrained to observe that it is 2010 matter and keeping such petition pending in this Court would increase the pendency of the case in the court below. In the ends of justice the Court Below is directed to dispose of the case at the earliest preferably within a period of four months from the date of receipt/production of a copy of this order.

Registry to communicate the court below the order of this Court for follow up action.

With the aforesaid, the petition stands disposed of. (Anil Kumar Upadhyay, J) S.Pandey/- U T