Patna High CourtCR. MISC./43335/2014disposed

Raj Kumar And ANR v. State Of Bihar And ANR

2017-09-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43335 of 2014 Arising Out of PS.Case No. -3240 Year- 2012 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Raj Kumar Son of Ranjeet Chaudhary Resident of Jarua, P.s.-Hazipur, District-Vaishali at Hazipur. At present posted as Junior Engineer, Electricity Department, Barauli, P.S.-Barauli, District-Gopalganj.

2. Ajay Prasad alias Ajay Kumar Patel Son of Mukhrdhum Prasad, Resident of Village-Bharkuiya, P.S.-Barauli, District-Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shankar Kunwar Son of Late Dharamnath Kunwar Resident of VillageUttar Banakati, P.S.-Baikunthpur, District-Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-09-2017 Heard learned counsel for the petitioners and the State.

Petitioners have filed the instant application for quashing the order dated 12.07.2013 by which processes have been issued to the petitioners for the offence under sections 323,504 and 406/34 of the Indian Penal Code.

The aforesaid offences are triable by the Magistrate. Counsel for the petitioners is not in a position to apprise the court about the present position of the case. The court has reason to believe that magisterial trial must have come to an

Patna High Court Cr.Misc. No.43335 of 2014 (2) dt.01-09-2017 2/2 end during the interregnum period as the order, summoning the petitioners is dated 12.07.2013 and as such no useful purpose would be served by keeping the matter pending. If the concerned Magistrate has not concluded the trial as yet, he is directed to expedite the trial and conclude the same within a period of two months from the date of production/receipt of the order of this court. Liberty shall be available to the petitioners, if the trial is pending, to make all such submissions before the Magistrate concerned with regard to falsity and improbability of the case. With the aforesaid liberty, the application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U T