Dular Chand Prasad And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40129 of 2017 Arising Out of PS. Case No.-130 Year-2016 Thana- BASANTPUR District- Siwan ====================================================== 1.

Dular Chand Prasad Son of late Jagarnath Prasad, 2.

Sohila Devi, Wife of Rudal Prasad.

3.

Lalita Devi, Wife of Dular Chand Prasad.

4.

Durgawati Devi, Wife of Daroga Prasad.

5.

Layachi Kunwar @ Layachi Devi, Wife of Late Jagarnath Prasad. 6.

Vijanti Devi, Wife of Shambhu Prasad @ Shambhu. 7.

Ramita Devi, Wife of Rajesh Prasad.

8.

Shambhu Prasad @ Shambhu, Son of Late Rajbalab Prasad. 9.

Pramod Prasad, Son of Late Jagarnath Prasad, 10.

Chandu Prasad @ Baba @ Bokho, Son of Jay Prakash Prasad, All resident of Village Korar, P.S. Basantpur, District- Siwan. 11.

Zeera Devi , Wife of Lakhan Prasad, Resident of Village Basao Tola Nagar, P.S. Basantpur, District- Siwan.

12.

Rupjhari Devi, Wife of Late Ambika Prasad.

13.

Basant Prasad, Son of Late Ambika Prasad.

14.

Birendra Prasad, Son of Late Ambika Prasad. All Resident of Village Rampur, P.S. Basantpur, District- Siwan.

15.

Deepjhari Devi, Wife of Gauri Shankar Prasad, Resident of Village Verwania, P.S. Bhagwanpur, District- Siwan.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Motilal Prasad, Son of Deenanath Prasad, resident of Village Korar, P.S. Basantpur, District- Siwan.

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

For the Petitioner/s :

Mr. Bhuneshwar Pandey, Advocate For the Opposite Party/s :

Mr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-10-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. On query of the Court with regard to the stage of

Patna High Court CR. MISC. No.40129 of 2017(2) dt.30-10-2023 2/2 the case, the learned counsel for the petitioners submits that stage of the case has changed from the stage of cognizance and charges have been framed.

3. The learned APP for the State, Mr. Ravindra Kumar, submits that since charges have been framed, as such, it signifies commencement of the trial.

4. Since the stage of the case has changed, charges have been framed and the trial has commenced, as such, the Court is not inclined to entertain the quashing application.

5. Accordingly, the present quashing application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T