Patna High CourtCR. MISC./11639/2015dismissed

Md. Khalil And ORS. v. State Of Bihar And ANR

2015-04-23Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 11639 of 2015 Arising out of P.S. Case No. -152 Year- 2011 Thana - KUDHANI District- MUZAFFARPUR ========================================================

1. Md. Khalil Son of Ahmad Saye.

2. Md. Azaj Son of Md. Khalil.

3. Md. Chand Son of Late Sayeed All are residents of Village: - Sumera, P.S. - Kudhani (Turki O.P.), District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Akahater Son of Md. Jalil Resident of Village : - Sumera, P.S. - Kudhani (Turki O.P.), District - Muzaffarpur. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar, Adv.

For the Opposite Party/s : Mr. Panchanand Pandit, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 23-04-2015 The Petitioners seek quashing of the order dated 21.02.2015 passed by the 3rd Additional Sessions Judge, Muzaffarpur in S.Tr. No. 290 of 2014 arising out of Kudhani P.S. Case No. 152 of 2011 (G.R. No. 1273 of 2011) by which he has refused an application under Section 228 Cr.P.C.

Considering that even if charge under Section 307 IPC is framed no prejudice would be caused to the Petitioners and the same can be altered at any stage, I do not find any reason to interfere in the matter. The application is dismissed.

The Trial Court is directed to expedite the trial

Patna High Court Cr.Misc. No.11639 of 2015 dt.23-04-2015 and conclude the same without granting unnecessary adjournment to any party and for which reason it shall 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, Muzaffarpur, and the Superintendent of Police, Muzaffarpur 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. Vikash/- (Anjana Prakash, J.) U T