Shabir Akhtar @ Kallan Imam v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54920 of 2015 Arising Out of PS. Case No.-119 Year-2003 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Shabir Akhtar @ Kallan Imam Son of late Hassan Imam ` Resident of Village- Dhondra, P.s Kurtha, and District Arwal. ... ... Petitioner/s
Versus
1.
State Of Bihar 2.
Md. Ayatullah son of late Asif Hussain Residentof Village- Painathi, P.s Kurtha and District Arwal ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mohammed Abu Haidar, Advocate Mr. Asad Zahidi, Advocate For the Opposite Party/s :
Mr.Dr.M.K.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-03-2023 Heard the parties.
The petitioner has before this Court for quashing the order dated 17.09.2015 passed by the learned A.C.J.M. Arwal in Complaint Case No. 119/03, Trial No. 197/2015 whereby the prayer for calling original records of Jehanabad P.S. Case No. 353 of 2002, Tr. No. 585/05 of the petitioner was rejected. From the petition, it seems that two decades ago, in 2002, Jehanabad P.S. Case No. 353 of 2002 was lodged under Sections 420, 467, 468, 471 and 120(B) of the I.P.C. in which finally, the case showed light of the Court and the trial started. However, the petitioner filed a petition for calling original records of Jehanabad P.S. Case No. 353 of 2002. The
Patna High Court CR. MISC. No.54920 of 2015(2) dt.21-03-2023 2/2 Court having found the same without any reason vide an order dated 17.09.2015 rejected as not maintainable. Aggrieved, the present petition.
The F.I.R. is of 2002 and on flimsy ground spoke is being put in the wheels so that the trial is not taken to its logical end.
This Court does not find any merit in the petition which is accordingly dismissed.
The petitioner, if so wants can raise all the points before the Trial Court, if the same still has not been concluded. (Rajiv Roy, J) Ravi/-Kiran U T