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Patna High CourtCR. MISC./50485/2015rejected

Shyam Babu Sahni v. The State Of Bihar

2016-02-17Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50485 of 2015 ======================================================

1. Shyam Babu Sahni Son of Mahesh Sahni Resident of village - Aura Malikana, Police Station - Tariyani, District - Sheohar .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Prasad Singh For the Opposite Party/s : Mr. Kumar Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State and perused the order dated 14.09.2015 passed by the Sessions Judge-Cum- Special Judge, Muzaffarpur in Minapur P.S. Case No. 489 of 2014. The instant Criminal Miscellaneous has been filed for modification in the order dated 02.06.2015 passed in Cr. Misc. No. 19501 of 2015 and other analogous cases to vacate the condition with respect to the petitioner Shyam Babu Sahni to be released after framing of charge. On 14.09.2015 the petitioner himself was not produced from the custody nor his custody warrant was produced and it reveals that intentionally the accused persons are delaying the progress of the case resulting the charge has not been framed.

Patna High Court Cr.Misc. No.50485 of 2015 (2) dt.17-02-2016 2/2 Under the circumstances, finding no good ground for modification, the prayer of the petitioner stands rejected. However, the learned Sessions Judge-Cum- Special Judge, Muzaffarpur is directed to take all the positive steps so that the charge be framed as early as possible preferably within one month from the date of receipt/production of a copy of this order, failing which serious view shall be taken.

(Jitendra Mohan Sharma, J) Abhay/- U T