Prahalad Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31976 of 2014 Arising Out of Hajipur PS.Case No. -158 Year- 2004 District- VAISHALI(HAJIPUR) =========================================================== Prahalad Mishra, Son of Suraj Mishra, resident of village- Tekania Kuti, Chaumukha Kala, P.S.- Guthani, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Basmati Devi, Wife of Mohan Ram, resident of village - Tekania Kuti, Chaumukha Kala, P.S.- Guthani, District- Siwan. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey, Adv. For the State : Mr. Abhay Kumar No. 1, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 03-02-2016 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 30.7.2013 by which the A.D.J.-I-cum-Special Judge, Siwan, in connection with Hazipur P.S. Case No. 158 of 2004 (Complaint Case No. 1298 of 2004) has refused to discharge the Petitioner in Special Case No. 32 of 2010.

Having considered the facts of the case, I am not inclined to interfere in the matter and hence, the application stands dismissed.

The Trial Court is directed to conclude the Trial positively within a period of four months from the date of receipt of

Patna High Court Cr.Misc. No.31976 of 2014 dt.03-02-2016 2/2 this order without granting unnecessary adjournment to any Party for which reason, In the meanwhile, the Trial Court (A.D.J.-I-cumSpecial Judge, Siwan,) is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order in connection with Special Case No. 32 of 2010 arising out of Hajipur P.S. Case No. 158 of 2004 (Complaint Case No. 1298 of 2004, to the Superintendent of Police, Siwan at Hajipur, and the Superintendent of Police, Siwan, 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.

(Anjana Prakash, J) S.Ali/- U T