Manoj Kumar Sinha @ Manoj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26783 of 2018 Arising Out of PS. Case No.-414 Year-2013 Thana- KATIHAR NAGAR District- Katihar ====================================================== Manoj Kumar Sinha @ Manoj Kumar S/o Late Rameshwar @ Rameshwar Prasad Sinha, R/o Vill.- Sitla Asthan Mirchaibari, P.S.- Sahayak Mirchaibari, District- Katihar.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Rajiv Kumar Jha S/o Tirthnand Jha, R/o Vill.- Barari, P.S.- Barari, DistrictKatihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Anand Kumar, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-01-2024

1. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. On query of the Court from the learned counsel for the petitioner with respect to the stage of the case, it has been submitted that despite his best endeavour, he could not seek instructions in the matter from the petitioner nor the petitioner in these six years ever contacted him, as such, he is not in a position to inform the court with regard to the present status of the case.

3. The learned APP thus submits that the order impugned in the present quashing application is dated 21.01.2014, whereby cognizance was taken and more than 10

Patna High Court CR. MISC. No.26783 of 2018(2) dt.24-01-2024 2/2 years have elapsed and since the petitioner is not contacting the learned counsel for the petitioner that amply demonstrates that either the stage of the case has changed or the trial is over and as such the Court should not pass any order when the stage of the case is not known.

4. Considering the submission made by the learned APP, the Court is not inclined to entertain the quashing application.

5. Accordingly, the present quashing application is hereby rejected.

(Satyavrat Verma, J) amit/- U T