Chandra Shekhar Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 56515 of 2018 In Criminal Miscellaneous No. 25373 of 2013 ======================================================
1. Chandra Shekhar Prasad, Son of Late Ram Keshwar Prasad Sinha.
2. Chitranjan Kumar, Son of Chadra Shekhar Parasad, Both are resident of Mohalla- Makhaniya Kuan Road, P.S.- Pirbahore, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh For the Opposite Party/s :
Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
26-09-2018 Heard Sri Manoj Kumar Singh, learned counsel for the petitioners and Sri Narendra Kumar Singh, learned Addl. Public Prosecutor.
The present petition has been filed with a prayer to restore quashing application i.e. Cr. Misc. No. 25373 of 2013, which stood dismissed on 01-04-2016, due to non-prosecution. The quashing application under Section 482 of the Code of Criminal Procedure, 1973 was filed for quashing of order of cognizance passed by learned Chief Judicial Magistrate, Patna. The cognizance order was passed on 12-08-2011. Two years after the order of cognizance, the quashing application i.e. Cr. Misc. No. 25373 of 2013 was filed, which got dismissed by way of non-prosecution on 01-04-2016
Patna High Court Cr.Misc. No.56515 of 2018(2) dt.26-09-2018 2/2 and after 21⁄2 years from the date of rejection of quashing application, the present restoration petition has been filed. It means that petitioners, one way or the other, are trying to delay initiation of the trial before the court below. The restoration petition stands dismissed.
Let a copy of this order be sent to the court below forthwith so that learned court below may proceed with the case expeditiously for its early conclusion.
(Rakesh Kumar, J.) anay U T