Baidyanath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4080 of 2016 Arising Out of PS.Case No. -135 Year- 2013 Thana -DHAKA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Baidyanath Singh Son of Late Jung Singh Resident of village - Baraitha, P.S. Chiraiya, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. B.N.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-09-2018 Heard the learned counsel for the petitioner as well as the State.

The petitioner seeks quashing of order dated 14.05.2015 passed by the learned S.D.J.M., Sikarahana at Motihari in Trial No. 6326 of 2015, arising out of Dhaka P.S. Case No. 135/2013, whereby the court below has found prima facie case for offences under Sections 467, 468, 471 and 420 of the Indian Penal Code against petitioner.

Learned counsel for the petitioner has submitted that in the instant case trial has already commenced and witnesses have already been examined. Case is pending for examination of I.O. since January, 2018.

Learned counsel for the petitioner has further

Patna High Court Cr.Misc. No.4080 of 2016 (6) dt.14-09-2018 2/2 submitted that he is not pressing his prayer challenging the cognizance order. He is only making prayer for direction to the court below to expedite the trial for examination of I.O. by giving short adjournment and pass final judgment.

Accordingly, the present petition is disposed of with direction to the court below to ensure the attendance of I.O. for his evidence within one month from the date of receipt of a copy of this order and make all efforts to pass final judgment in the case within a period of six months from the date of receipt of order. (Sanjay Priya, J.) Rakhi U T