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Patna High CourtCR. MISC./12360/2017dismissed

Pankaj Kumar Keshri @ Pankaj Keshari v. State Of Bihar And ANR

2018-02-13Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12360 of 2017 Arising Out of PS.Case No. -28 Year- 2009 Thana -DHURAIYA District- BANKA ======================================================

1. Pankaj Kumar Keshri @ Pankaj Keshari, Son of Narayan Prasad, @ Narayan Keshari, R/o Village- Dindayalpur P.O.- Koranda, P.S.- Sahkund District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ashok Prasad Ray, Son of unkown, R/o Village- Runyoudha, P.S.- Dhankund, District- Banka.

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

For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-02-2018 This application under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') has been filed by the petitioner on 9th March, 2017 fore quashing the order dated 22nd May, 2013 passed by the learned Ad hoc Additional District & Sessions Judge, Banka in Sessions Trial No. 221 of 2010 by which he has summoned him under Section 319 of the Cr.P.C. as an additional accused.

The petitioner has not made any statement in the petition regarding the stage of the case as on the date of filing of the application. On query, learned counsel for the petitioner submitted that he cannot answer as to whether the petitioner has already appeared and is facing trial.

Patna High Court Cr.Misc. No.12360 of 2017 (2) dt.13-02-2018 2/2 In view of incomplete instruction and vague statements made in the application filed under Section 482 of the Cr.P.C., I am not inclined to interfere with the order impugned. The application is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U T