Rajeshwar Rai @ Lallu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51407 of 2017 Arising Out of PS. Case No.-160 Year-2015 Thana- MANER District- Patna ====================================================== RAJESHWAR RAI @ LALLU RAI S/o Dev Sharan Rai, R/o Village- Bala , P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Yogesh Chandra Verma, Sr. Advocate Sri Anuj Kumar, Advocate For the Opposite Party/s :

Sri Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-12-2023

1. Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.

2. On query of the Court, with regard to the stage of the case, learned Senior Counsel for the petitioner fairly submits that on best endevour of the learned Advocate on record, he could not contact the petitioner nor the petitioner ever contacted him in these six years as such submits that he is not in a position to address the Court with the stage of the case presently.

3. Learned A.P.P. for the State, at this stage, submits that the order by which cognizance was taken under Sections 25 (1-b)a, 26 and 35 of the Arms Act is dated 19.08.2016 nearly more than seven years have passed as such much water has flown and in the event if the Court interfere with the order of cognizance and the stage of the case has changed or the trial has

Patna High Court CR. MISC. No.51407 of 2017(2) dt.02-12-2023 2/2 commenced in that event the effort of the Court will go in vain.

4. Considering the submissions made by the learned A.P.P., the Court is not inclined to entertain the same.

5. Accordingly, the present quashing application stands dismissed.

6. The dismissal of the quashing application by no stretch of imagination can be construed that the Court has expressed any opinion on the merits of the case. (Satyavrat Verma, J) Kundan/- U T