Krishnadeo Prasad And ORS. v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.2132 of 2016 (05) dt.04-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2132 of 2016 Arising Out of PS.Case No. -1150 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Krishnadeo Prasad, aged About 56 years, son of late Rajendra Prasad.

2. Smt. Kameshwari Devi @ Kameshwari Prasad aged about 48 yrs., wife of Sri Krishnadeo Prasad

3. Miss Anita @ Anita Bharti, aged about 25 yrs, daughter of Sri Krishnadeo Prasad. All are residents of Flat No. 401-D, RPS Homes, Sathevasti, P.S. Lohegaon, DIstrict Pune, Pin- 411032. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pranay Kumar, son of Sri Pradeep Kumar Mehta, resident of opp. Anjali Gas Godown P.S. Bahadurpur, District Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan Prasad-Advocate For the Opposite Party/s : Mr. B.N. Pandey-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-10-2018 In pursuance of order dated 12.09.2018, photo copy of order sheet has been made available at the end of the learned lower Court wherefrom, it is apparent that after 18.05.2016, the case having fixed for evidence before charge, complainant/ O.P. No.2 failed to adduce evidence. It is further evident that on 19.07.2017, there was direction of the learned lower Court that in case, witness is not being produced, then in that circumstance, necessary order will follow even then, no positive order has been passed.

Directing the learned lower Court to take proper step

Patna High Court Cr.Misc. No.2132 of 2016 (05) dt.04-10-2018 in accordance with law, in case of failure at the end of the complainant to produce witnesses, this petition is disposed of in terms thereof.

(Aditya Kumar Trivedi, J) Vikash/- U T