Kedar Nath Kedia v. The State Of Bihar Through Additional Director General Of Police Adg Vigilance Investigation Berea
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51236 of 2014 Arising Out of PS.Case No. -1 Year- 2007 Thana -C.B.I CASE District- MUZAFFARPUR ======================================================
1. Kedar Nath Kedia, S/o Late Lakhmi Narayan Kedia, resident of 203, Pushpanjali Plaza, Vasant Vihar Colony, Boring Road, P.S. S.K. Puri, Town and District Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar through Additional Director General of Police (ADG) Vigilance Investigation Bureau, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Agrawal, Advocate Mrs. Priya Gupta, Advocate For the Opposite Party/s : Mr. Ramakant Sharma, Law Officer, Vigilance Mr. Santosh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 6/ 30-01-2018 Heard counsel for the petitioner as well as counsel for the Vigilance.
Petitioner seeks quashing of the order dated 12.09.2014 passed by the Special Judge, Vigilance, North Bihar, Muzaffarpur, in Vigilance P.S. Case No.001 of 2007 (Special Case No.01 of 2007) by which he has dismissed the petition filed by the petitioner for his discharge under Section 239 Cr. P.C. A report was called for from the Court below about the present stage of trial, which has been received. It is mentioned in the report of the Court below that in this case cognizance has been taken on 27.07.2011, charges were framed against the
Patna High Court Cr.Misc. No.51236 of 2014 (6) dt.30-01-2018 2/2 accused on 07.09.2015 and total eight witnesses have been examined till now. The case is running on evidence stage. Special PP has been directed to produce the witness on the next date fixed in the case i.e. 05.12.2017.
In view of such, this Court is of the view that since trial has already proceeded and eight witnesses have also been examined, stage of the case has, now, changed. Therefore, at this stage, this Court does not deem it fit to interfere with the impugned order.
This application is disposed off with direction to the Court below to make efforts to expedite the trial and conclude the same as early as possible by giving short adjournments in the case. (Sanjay Priya, J) JA/- U T