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Patna High CourtCR. MISC./9797/2015dismissed

Most. Chandrika Devi v. State Of Bihar And ANR

2018-03-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9797 of 2015 Arising Out of PS.Case No. -6 Year- 2009 Thana -PANDAUL District- MADHUBANI =========================================================== Most. Chandrika Devi, wife of late Keshav Choudhary, resident of villageMeghoul, P.S. Pandaul, District- Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar

2. Chunchun Mishra, son of Late Bilat Mishra, resident of village- Jaydevpatti, P.S. Ghanshyampur, District- Darbhanga .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Madan Prasad Jha, Advocate. For the State : Dr. Rabindra Kumar, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 30-03-2018 1.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 17.12.2014 passed by the learned Additional District & Sessions Judge-V, Madhubani, in Sessions Trial No. 386 of 2011 arising out of Pandaul P.S. Case No. 06 of 2009 by which the discharge petition of the petitioner under Section 227 Cr. P.C. has been rejected. 2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

A report regarding status of trial has been called for from the court below which has been received. From the report it appears that charge has already been framed in this case and the case

Patna High Court Cr.Misc. No.9797 of 2015 dt.30-03-2018 2/2 is pending for prosecution witnesses. One witness has already been examined in this case.

4.

Therefore, this Court is not inclined to interfere with the impugned order.

5.

This Cr. Miscellaneous application is accordingly dismissed.

6.

The court below is directed to proceed in the trial in accordance with law.

(Sanjay Priya, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 03/04/2018 Transmission Date 03/04/2018