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Patna High CourtCR. MISC./21079/2014rejected

Sunita Devi And ORS v. The State Of Bihar

2015-05-07Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21079 of 2014 Arising Out of PS.Case No. -26 Year- 2011 Thana -RAJIVNAGAR District- PATNA ===========================================================

1. Sunita Devi, wife of Satish Kumar,

2. Satish Kumar, son of Late Hanuman Nath, both residents of Ashina Digha Road, near CRPF Camp, P.S. Rajeev Nagar, District - Patna

3. Krishna Singh, son of Late Jagdamb Singh,

4. Ramendra Singh, son of Krishna Singh,

5. Chandra Bilash Prasad, son of Late Manki Prasad, all residents of Road No.6, Rajeev Nagar, P.S. Rajeev Nagar, District - Patna

6. Purnendu Krishna Dwivedi, son of late S.N. Dubey resident of Alpana Market, Bhagwan Narsari Campus, P.S. Patliputra, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashutosh Ranjan Pandey, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP Mr. Anil Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 07-05-2015

1. The Petitioners seek quashing of the order dated 10.04.2014 by which the Judicial Magistrate, 1st class, Patna, in Rajeev Nagar P.S. Case No.26 of 2011 has refused to discharge the Petitioners.

2. Since the Petitioners seek discharge on question of facts which cannot be gone into at the stage of 482 Cr. P. C., I am not inclined to interfere in the matter.

3. The application is dismissed.

4. The Trial Court is directed to conclude the trial

Patna High Court Cr.Misc. No.21079 of 2014 dt.07-05-2015 2/2 expeditiously without granting unnecessary adjournment to any party for which reason the Trial Court shall send a list of the witnesses fixing specific dates for their examination along with a copy of this order to the concerned Superintendent of Police, who is directed to ensure the attendance of the witnesses on the date fixed so that there is no further delay in the trial.

5. The Informant is represented by a counsel, who undertakes to produce the witnesses on the date(s) so fixed by the Trial Court.

6. Let the Case Diary be remitted to the Court below immediately.

(Anjana Prakash, J) JA/- U T