Patna High CourtCR. MISC./32199/2016disposed

Sanjay Kumar v. State Of Bihar And ANR

2017-04-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32199 of 2016 Arising Out of PS.Case No. -10 Year- 2015 Thana -PARWALPUR District- NALANDA (BIHARSHARIFF) ====================================================== Sanjay Kumar, Son of late Yadu Nandan Prasad, Resident of VillageParwalpur, Police Station- Parwalpur, District Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mamta Devi, Wife of Sanjay Kumar, R/o Village and Police Station Parwalpur District Nalanda.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s : Mr. Sri Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-04-2017 Heard learned counsels for the petitioner and the State.

The present application has been filed for quashing of the order dated 22.05.2015, passed by the learned SDJM, Hilsa, Nalanda, in Parwalpur P.S. Case No.10 of 2015, whereby the process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

A supplementary affidavit has been filed to the effect that the charges have been framed vide order dated 20.09.2016, as contained in Annexure-7 to the supplementary affidavit, by learned Judicial Magistrate, 1st Class, Hilsa, Nalanda. However,

Patna High Court Cr.Misc. No.32199 of 2016 (3) dt.18-04-2017 2/2 learned counsel for the petitioner prays that an application has been filed before the learned trial Court under section 216 of the Cr.P.C. with prayer for alteration of the charge, as contained in Annexure-8. Hence, appropriate direction be made for disposal of the same.

In view of the fact that the matter has proceeded beyond the stage of cognizance and charge has been framed against the petitioner, this application has now become infructuous.

Accordingly, this application is dismissed as having become infructuous.

However, it is expected from the learned Court below to dispose of the application, under section 216 Cr. P.C. as expeditiously as possible, in accordance with law if the same has not been disposed of as yet.

(Dinesh Kumar Singh, J) Ashwini/- U T