Raj Kishor Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40162 of 2015 Arising Out of PS. Case No.-6 Year-2010 Thana- KARAHGAR District- Rohtas ====================================================== Raj Kishor Singh and Ors ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-02-2023 No one appears on call.

The present petition has been filed for setting aside order dated 16.06.2015 passed by the 7th Additional Sessions Judge, Sasaram, Rohtas in Sessions Trial No. 470 of 2014 arising out of Karahgar P.S. Case No. 06 of 2010 whereby and whereunder the learned Court below rejected the prayer of petitioners filed under Section 227 of the Cr.P.C. i.e. discharge petition.

Earlier the matter was taken up by a Co-ordinate Bench 21.03.2018 and a report was called for. Vide letter no. 62 dated 28.03.2018, a report was sent from the Court of learned Additional District and Sessions Judge-VII, Rohtas at Sasaram according to which in 2018 itself, four prosecution witnesses were examined and the case was

Patna High Court CR. MISC. No.40162 of 2015(3) dt.25-02-2023 2/2 running for evidence of the Doctor and the Investigating Officer. Taking into account the aforesaid lapse of five years, lots of water may have flown down the ganges. Be that as it may, no one has appeared on behalf of the petitioners.

Accordingly, the petition stands dismissed for nonprosecution with liberty to raise all the points before the Trial Court at an appropriate stage, if the trial is still on. (Rajiv Roy, J) Neha/- U T