Patna High CourtCR. WJC/2676/2017disposed

Umakant Choubey @ Umakant v. State Of Bihar And ANR

2018-01-25Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2676 of 2017 ====================================================== Umakant Choubey @ Umakant Son of Sri Raj Kishore Choubey Resident of C-40, Vijay Nagar, P.S. Patrakar Nagar, Kankarbagh, Dist. Patna. .... .... Petitioner

Versus

1. The State of Bihar

2. Ragini Choudey, Wife of Umakant Choubey, D/o Brijendra Nath Tripathy, Resident of A-15, Vijay Nagar, P.S. Patrakar Nagar, Dist. Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Respondent/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

25-01-2018 The grievance of the petitioner is that due to non-appearance of the complainant and her witnesses in the court below, the trial is not being concluded and the petitioner, who is a government servant presently serving at Gujarat is unnecessarily harassed on the dates fixed in the matter.

This has to be taken seriously by the learned trial court. The petitioner who comes from Gujarat to attend the case cannot be allowed to be harassed by putting nonappearance by the complainant or her witnesses. This Court is disposing of the writ application with a direction to the court below to ensure that the trial is concluded within a period of six months from the date of receipt/production of a copy of this order.

Patna High Court Cr. WJC No.2676 of 2017 (2) dt.25-01-2018 The trial court would convey the dates fixed in the case to the complainant with specific direction that if she failed to bring the witnesses for any plausible reason the court would consider closing of the prosecution evidence in accordance with law. The purpose behind this order is only to expedite the trial so that the petitioner should not be harassed in the name of pending prosecution.

This application is, accordingly, disposed off. (Rajeev Ranjan Prasad, J.) Rajeev/- U T