Rajesh Kumar And ANR. v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 15240 of 2012 Arising out of P.S. Case No. -44 Year- 2011 Thana -Sikaraul District- BUXAR ========================================================

1. Rajesh Kumar S/o Anil Kumar Singh Resident of MohallaBhikhana Pahari, P.S.- Pirbahore, District- Patna.

2. Anthoni @ Anjani S/o Rafayal Resident of Village- Lodipur, P.S.- Shastrinagar, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Janardan Das Guru S/o Late Prapannachayari Resident of Village- Basaw Math, P.S.- Sikaraul, District- Buxar. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. U. Kumar, Adv. For the Opposite Party/s : Mr. Arvind Kumar Pandey, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 12-02-2015 Supplementary-Affidavit filed today on behalf of the Petitioners stating therein that the stage of the case has not changed.

The Petitioners seek quashing of the order of cognizance dated 10.10.2011 passed by the Chief Judicial Magistrate, Buxar in Sikaraul P.S. Case No. 44 of 2011 on the ground that apart from alleged confessional statement there is no material against them.

Considering that even at the stage of cognizance the Magistrate has power to seek as to whether the material which has transpired against the Petitioner is sufficient to conviction, I am not inclined to interfere in the matter.

Patna High Court Cr.Misc. No.15240 of 2012 dt.12-02-2015 The application is dismissed.

The Trial Court is directed to expedite the trial and for which reason the Trial Court is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order, to the Superintendent of Police, Buxar, and the Superintendent of Police, Buxar is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial.

Let case diary be remitted to the Court below immediately for commitment and trial.

Vikash/- (Anjana Prakash, J.) U T