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Patna High CourtCR. MISC./27077/2022dismissed

Ramashish Rai v. The State Of Bihar

2023-02-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 27077 of 2022 Arising Out of PS. Case No.-25 Year-1995 Thana- DANAPUR District- Patna ====================================================== RAMASHISH RAI son of late Ramsharan Rai, r/v-Shahpur, P.S. Shahpur, District Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sanjay Kumar son of Shivlal Rai, H-O, Shahpur, P.S. Shahpur, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Vinod Shanker Modi Mr. Jharkhandi Upadhyay, APP Md. Ataul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor.

This is an application for quashing the order dated 23.02.2022 passed by the court of Additional District and Session's Judge-III, Danapur, is Session's Trial No. 751 of 1997 arising out of Danapur P.S. Case No. 25 of 1995 whereby and whereunder the learned Additional Sessions Judge-III, Danapur has refused the prayer of the defence made under Section 294 and 315 of the Code of Criminal Procedure, pending in the Court of Additional Sessions Judge-III, Danapur. From the record, it appears that the petitioner is accused in a murder case of the year 1995 and the trial is pending since 1997. The examination of prosecution witnesses

Patna High Court CR. MISC. No. 27077 of 2022(4) dt.20-02-2023 2/2 has been completed in 2016 and the statement under Section 313 of the Cr. P.C. has also been recorded.

It seems that the petitioner is trying his level best to delay the trial.

I do not find any merits in the application of the petitioner. It is, accordingly, dismissed.

The trial Court is directed to conclude the trial within a month of the communication of this order.

Let a copy of the order be communicated to the District Judge, Patna through FAX and e-mail forthwith. (Sandeep Kumar, J) Saif/-sunny U T