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Patna High CourtCR. MISC./49624/2016dismissed

Krishna Ballabh Singh @ Panjabi Singh v. State Of Bihar And ANR

2017-07-05Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49624 of 2016 Arising Out of P. S Case No. -28 Year- 2014 Thana -AAYAR District- BHOJPUR ===================== ====================================== Krishna Ballabh Singh @ Panjabi Singh Son of Late Rameshwar Singh Resident of Village- Barnaw, Police Station-Ayar, District-Bhojpur .... .... Petitioner

Versus

1. The State of Bihar.

2. Sri Nivash Singh Son of Late Mangal Singh, resident of Village-Jaitpur, Police Station- Udwant Nagar, District-Bhojpur.

.... .... Opposite Parties.

=========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Samir, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd. APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 05-07-2017 In the present writ petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has challenged order dated 29.09.2016 passed in Sessions Trial No. 301 of 2014, arising out of Ayar P. S. Case No. 28 of 2014 registered under Section 304-B/34 of the Indian Penal Code whereby the learned 6th Additional Sessions Judge, Ara has allowed the petition filed by the learned Additional Public Prosecutor appearing for the State to examine Brij Kishore Singh, son of late Kashinath Singh, resident of village, P.O. and P.S., Udawantnagar, District- Bhojpur as a prosecution witness during trial.

Patna High Court Cr.Misc. No.49624 of 2016 dt.05-07-2017 2/2 2.

I have heard the parties and perused the record. 3.

I see no illegality in the order whereby the aforesaid Brij Kishore Singh whose statement was recorded in para-17 of the case-diary has been permitted to be examined as a witness during trial.

4.

Accordingly, the application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.07.2017 Transmission Date 07.07.2017