Patna High CourtCR. MISC./7784/2016disposed

Bihari Ram v. State Of Bihar And ANR

2016-04-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7784 of 2016 Arising Out of PS.Case No. -55 Year- 1995 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Bihari Ram Son of Late Ram Dahin Ram resident of village - Bhagwan Bigha Tola - Dsahi Bigha, P.S. Daudnagar, District - Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Aurangabad, District Aurangabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2016 Heard learned counsel for the parties.

The petitioner is one of the injured. The present application has been filed with sole prayer for a direction to the learned Ist Additional Sessions Judge, Aurangabad to conclude Sessions Trial No. 155 of 2001/ 40 of 2001 arising out of Daudnagar P.S. Case No. 55 of 1995.

It is submitted by learned counsel for the petitioner that Daudnagar P.S. Case No. 55 of 1995 was registered on 24.3.1995 under sections 147,148,149,307,324,323 and 341 of the Indian Penal Code. Subsequently, section 302 IPC was added. Charges were framed in the matter on 3.9.2001. The examination of witnesses commenced 10.12.2001 and the prosecution evidence

Patna High Court Cr.Misc. No.7784 of 2016 (2) dt.01-04-2016 2/2 was closed on 24.3.2014. Thereafter, the statement of accused under section 313 Cr.P.C. was recorded on 27.3.2014 and from 4.4.2014 to 3.1.2015 the matter was adjourned for examination of defence witness and on 21.1.2015 the defence evidence was closed fixing the matter on 27.1.2015 for argument. The part argument was made on 27.1.2015 and 3.11.2015 but still the trial has not concluded.

In view of this court, since the FIR was registered in 1995 and for the last twenty one years the trial is lingering, it is high time for the learned trial court to see that the trial of the aforementioned case is concluded, preferably within a period of three months.

This application stands disposed of with the aforementioned observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T