Patna High CourtCR. MISC./53118/2023dismissed

Sri Viswanath Prasad v. The State Of Bihar

2024-07-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53118 of 2023 Arising Out of PS. Case No.-602 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== Sri Viswanath Prasad Son Of Late Yugal Prasad Resident Of Village- Mela Road Ward No 13, Bhavdepur, Ps And District- Sitamarhi ... ... Petitioner/s

Versus

The State Of Bihar Bihar 2.

Sanjeev Kumar Son Of Late Kashi Prasad Resident Of Village- Bhavdepur, Ps And District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Jha For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-07-2024 This application has been filed for quashing the order dated 08.06.2023 passed by the District and Sessions Judge-XIII, Sitamarhi in S.Tr. No. 628/2022 corresponding to Sitamarhi P.S. Case No. 602/2021 by which the petitioner under Section 228 of the Cr.P.C. filed by the petitioner has been rejected.

2. I have perused the impugned order and the materials available on record.

3. The impugned order considers in detail the materials available against the petitioner on the basis of which the application has been rejected.

4. From reading of the impugned order dated

Patna High Court CR. MISC. No.53118 of 2023(2) dt.09-07-2024 2/2 08.06.2023, it appears that petitioners was involved in giving Supari for shooting the victim.

5. In view of the above, this is not a fit case for discharge.

6. Accordingly, this application is dismissed. The Court below is directed to expedite the trial.

7. At this stage, learned counsel for the petitioner has submitted that his two sons have been killed by the accused persons and they are also facing trial.

8. The Court below is directed to expedite the trials arising out of Sitamarhi P.S. Case No. 228 of 2024 (G.R. No. 886/2024) and Sitamarhi P.S. Case No. 196 of 2023 (G.R. No. 760 of 2023).

9. Let a copy of this order be communicated to the District Judge, Sitamarhi through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U