Patna High CourtCR. MISC./5497/2016disposed

Suresh Mehta v. The State Of Bihar And ORS

2018-10-04Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5497 of 2016 Arising Out of PS.Case No. -51 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ====================================================== Suresh Mehta Son of Late Bimal Mehta, Resident of Village Bajraha Ward No. 4, Police Station Alam Nagar, District Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sudha Kumari Wife of Sri Laxmi Paswan

3. Reena Devi Wife of Patnarayan Paswan

4. Patnarayan Paswan Son of Late Chhatri Paswan

5. Laxmi Paswan Son of Late Arjun Paswan

6. Vikash Paswan Son of Late Arjun Paswan

7. Vinod Paswan Son of Patnarayan Paswan

8. Lalo Paswan Son of late Sattan Paswan @ Satya Narayan Paswan. Opposite Party Nos. 2 to 8 are resident of Village Hariharpur Bajraha Ward No. 05, Police Staion Alam Nagar, District Madhepura.

9. Pradeep Bishwas Son of Not Known Ex-Panchayat Secretary Gram Panchayat Kunjouri, Police Station Alam Nagar, District Madhepura. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh, Adv. For the Opposite Party/s : Dr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-10-2018 Gone through the order sheet transmitted by the learned lower court. It speaks with regard to pitiable condition of the judgeship. Vide order dated 05.10.2015 cognizance has been taken but till today neither there happens to be appearance of the complainant nor the accused. Furthermore, it is evident that after cognizance date was fixed on 21.11.2015 then 29.01.2016 then 09.03.2016 then 16.01.2017 and then 22.09.2018. From the order sheets it transpire that there happens to be non-compliance at the end of complainant in accordance with Section 204 of the Cr.P.C. and in the aforesaid background, the complaint ought to have been dismissed.

Patna High Court Cr.Misc. No.5497 of 2016 (3) dt.04-10-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

The grievances whatever been raised at the present moment is duly redress-able at the stage of framing of charge and in terms thereof, instant petition is disposed of. (Aditya Kumar Trivedi, J.) Prakash Narayan U T