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Patna High CourtCR. MISC./41580/2015dismiss for nonprosecution

Dilip Tiwari v. The State Of Bihar

2023-02-28Mr. Justice Rajiv Roy1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41580 of 2015 Arising Out of PS. Case No.-5 Year-2012 Thana- DEHRI TOWN District- Rohtas ====================================================== Dilip Tiwari Son of Sukh Ram Tiwari Resident of Village- Narayanpur, P.S.- Indrapuri, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-02-2023 No one appears on call.

This is an application for quashing of the order dated 14.7.2015 passed in S. Tr. No. 374/12 arising out of Dehri (Town) P.S. Case No. 5/2012, dated 2.1.2012 registered under sections 363 & 366A of the Indian Penal Code by the learned Ist Additional District & Sessions Jude Rohtas (Sasaram). From the order-sheets, it seems that discharge petition was rejected in 2015 itself and now that 8.5 years have been lapsed, the trial must be at an advance stage if still not concluded.

However, as the petitioner has lost interest in the case and no one has appeared, the petition stands dismissed for nonprosecution with liberty to raise all the points before the Trial Court at an appropriate stage.

(Rajiv Roy, J) Ajay Singh/- U T