Patna High CourtCR. MISC./51701/2014dismissed

Munna Giri And ORS. v. State Of Bihar And ANR

2015-03-12Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51701 of 2014 Arising Out of PS.Case No. -2601 Year- 2008 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ===========================================================

1. Munna Giri, son of Brij Kishore Giri,

2. Bhola Nath Giri @,Bhola Giri, son of Brij Kishore Giri,

3. Mangal Giri, son of Thakur Giri,

4. Lalan Giri, son of Thakur Giri,

5. Nawal Kishore Giri, son of Thakur Giri, all R/o Village- Jamo Mathiya P.SJamo Bazar, Distt.-Siwan

6. Kavindra Giri, son of Late Mukhlal Giri, resident of village-Madhopur Tola, Mathiya, P.S-Barauli, Distt.-Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar,

2. Brajesh Kumar Giri, son of Nand Mani Giri, resident of village-Madhopur Tola, Mathiya, P.S-Barauli, Distt.-Gopalganj .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. S. C. Giri, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 12-03-2015

1. The Petitioners seek quashing of the order dated 26.11.2014 by which the Additional Sessions Judge, III, Gopalganj, has refused to discharge the Petitioners in Sessions Trial No.146 of 2013 arising out of Complaint Case No. C 2601 of 2008.

2. Considering that the Petitioners seek quashing on disputed 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 expeditiously without granting unnecessary adjournment to any party

Patna High Court Cr.Misc. No.51701 of 2014 dt.12-03-2015 2/2 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.

(Anjana Prakash, J) JA/- U T