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Patna High CourtCR. MISC./30108/2013disposed

Dinesh Mohan Jha @ Manan Jha And ANR. v. State Of Bihar And ANR

2017-06-28Mr. Justice Sanjay Kumar2 pages

Patna High Court Cr.Misc. No.30108 of 2013 dt.28-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30108 of 2013 Arising Out of PS.Case No. -1097 Year- 2005 Thana -PATNA COMPLAINT CASE DistrictPATNA ===========================================================

1. Dinesh Mohan Jha @ Manan Jha S/o Late Ram Narayan Jha Resident of VillageMirtola Ward No. 6, Bangala Road, P.S- Saharsa, Distt- Saharsa.

2. Suresh Mohan Jha S/o Late Ram Narayan Jha Resident of Village- Mirtola Ward No. 6, Bangala Road, P.S- Saharsa, Distt- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ram Kumar Singh S/o Sri Siya Manohar Singh Resident of Village- Telmar, P.SHarnaut, Distt- Nalanda. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Ms. Prem Sheela Pandey For the Opposite Party/s : Mr. Akhileshwar Dayal, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 28-06-2017 1.

Heard both sides.

2.

This is an application filed under Section 482 of the Cr.P.C. praying therein to quash the order dated 10.04.2013 passed in Complaint Case No. 1097(C) of 2005, whereunder the petition filed on behalf of the petitioners under Section 245 of the Cr.P.C. was rejected.

3.

Learned counsel for the petitioners submits that charges have been framed before the lower court and after framing of charge, there is no progress in the trial. Only three witnesses have been examined by the prosecution. She submits to call for a report from the court

Patna High Court Cr.Misc. No.30108 of 2013 dt.28-06-2017 below regarding progress of the trial.

4.

Learned APP, on the other hand, opposed the submissions. 5.

From submission of learned counsel of the petitioners, it appears charges have been framed by the court below and the grievance is that the case is pending for no fault of the petitioners. 6.

In the facts and circumstances of the case, this Cr. Misc. is disposed of with a direction to expedite the trial. (Sanjay Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 30.06.2017 Transmission Date 30.06.2017