Yogendra Singh And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7009 of 2015 Arising Out of PS.Case No. -61 Year- 2013 Thana -SANOKHAR District- BHAGALPUR ======================================================

1. Yogendra Singh, son of Late Jagdambi Singh,

2. Ramji Singh, son of Late Jagdambi Singh,

3. Bimla Devi, wife of Yogendra Singh,

4. Fulia Devi, wife of Ramji Singh,

5. Miro Devi, wife of Jai Prakash Singh,

6. Munni Devi, wife of Gautam Singh,

7. Nishu Devi, wife of Gopal Singh,

8. Mainu Devi, wife of Ghanshayam Singh, all are resident of Village - Jagarnathpur, P.S. - Amdanda, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Usha Devi, wife of Sri Bhim Singh, resident of village - Jagarnathpur, P.S. - Amdanda, District - Bhagalpur.

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

For the Petitioner/s : None For the Opposite Party/s : Mr. Binod Kumar No. 2, APP Mr. Anupa Nand Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 6/ 27-04-2018 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 22.11.2014 passed by the learned Adhoc Additional Sessions Judge-1, Bhagalpur, in Sessions Trial No.231 of 2014 by which learned Court below has rejected the petition filed by the petitioners under Section 227 of Criminal Procedure Code for their discharge.

None appears on behalf of the petitioners. Counsel for the Opposite Party No.2 has appeared.

Patna High Court Cr.Misc. No.7009 of 2015 (6) dt.27-04-2018 2/2 Heard counsel for the Opposite Party No.2 and the learned APP for the State.

Counter Affidavit has been filed by the Opposite Party No.2, which is available on record.

It has been submitted by the counsel for Opposite Party No.2 that all the charge-sheet witnesses have been examined prior to filing of this quashing application. Doctor has also been examined in the case.

In such circumstances, this Court is not inclined to interfere with the impugned order passed by the learned Court below.

This application is, accordingly, dismissed.

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

(Sanjay Priya, J) JA/- Rohit Kr.

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