Swarnlata Francis v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31025 of 2015 Arising Out of PS. Case No.-145 Year-2010 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Swarnlata Francis W/o late Parmanand Singh wrongly named in the complaint as Swarnlata Francisi, the then Block Supply Officer Dalsingsarai, District- Samastipur, Permanent resident of Holding No. 248, Ward No.4, Samanto Kali Manda, Town and P.S. Jhumri Telaiya District Kodarma ( Jharkhand) ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Dhaneshwar Das son of Late Dina Das, Resident of villageChakwahuddin, P.S. Dalsingsarai, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Shankar Singh For the Opposite Party/s :

Mr. R.B.ROY RAMAN(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 19-02-2018 The petitioner is aggrieved by the order passed by 11.11.2014 passed by the learned Court below by which the Court below has re-opened the evidence of the complainant after recording the statement of accused persons under Section 313 Cr. P.C.

Perused the order dated 11.11.2014 passed by the learned Court below which is available in the record. From perusal of the same, it appears that petition has been filed on behalf of the complainant that he want to examine 05 further witnesses who are all named in the complaint petition. The learned court below has allowed such prayer of the complainant.

Patna High Court Cr.Misc. No.31025 of 2015 dt.19-02-2018 2/2 Learned counsel for the petitioner has pointed out that in the order dated 11.11.14 itself the learned Magistrate has mentioned that the witnesses will be produced on day-to-day basis and if the witnesses are not produced then the evidence will be closed. But, the case is still pending. In such circumstances, this Court does not want to interfere with the order dated 11.11.14 passed by the learned Court below. The Cr. Misc. application is disposed off with direction to the Court below to expedite the trial and try to conclude the same as early as possible positively within a period of six months from the date of receipt of a copy of this order by fixing the case preferably on day-to-day basis without giving any undue adjournment to the complainant or opportunity to delay the case and will send a report to this Court after final disposal within the aforesaid period. (Sanjay Priya, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date

01. 03.2018 Transmission Date 01.03.2018