Pitambar Ram v. The State Of Bihar Through The Principal Secretary, Home Department, Patna And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1136 of 2017 ======================================================

1. Pitambar Ram, Son of Late Balchandra Ram, resident of Village- Bara Gabind, P.S.- Chakiya, District- East Champaran .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Home Department, Patna.

2. S.P. East Champaran, Motihari .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Binod Kumar Mishra, Adv. For the Respondents : Mr. Sheo Shankar Prasad, SC VIII ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-08-2017 After some arguments, the learned counsel for the petitioner wants to get this matter disposed off at this stage, itself. The present writ application has been filed for necessary direction to the learned trial Judge, i.e., Fast Track Court, II, East Champaran at Motihari, not to proceed with the Sessions Trial No. 491 of 1997 arising out of Madhuban P.S. Case No. 36 of 1988 without considering the evidence of material witnesses and relevant documents of the cases. Such direction can not be issued by a writ Court because it is implied that the trial Judge would consider the material on the record before passing any judgment in any case and if anything would not be considered the appellate Court would be there to take care of the same.

Accordingly, this writ application stands disposed off as devoid of any merit.

(Birendra Kumar, J) SA/- U √ T √