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Patna High CourtCR. MISC./14349/2015disposed

Maheshwar Rai And ORS v. State Of Bihar And ANR

2018-02-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14349 of 2015 Arising Out of PS.Case No. -273 Year- 2012 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ===========================================================

1. Maheshwar Rai

2. Ramanand Rai Both sons of Late Jeet Narayan Rai, R/o Village - Saidpur Kutubpur, P.S. Biddupur, District - Vaishali

3. Pankaj Rai, Son of Ramanand Rai, R/o Village - Saidpur Kutubpur, P.S. Biddupur, District - Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mahesh Rai, Son of Bhagdeo Rai, R/o Village - Saidpur Kutubpur, P.S. Biddupur, District - Vaishali .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sarvesh Kumar Singh, Advocate. For the State : Mr. Nand Kishsore Prasad, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 26-02-2018 1.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 25.02.2015 passed by the learned 2nd Additional Sessions Judge, Vaishali, in Sessions Trial No. 128 of 2014 arising out of Biddupur P.S. Case No.273 of 2012 by which the learned Sessions Judge has rejected the petition for discharge of the petitioner. 2.

Report has been called for from the court below which has been received.

3.

The Trial Court has mentioned in its report that charge has already been framed on 25.02.2015 and eight witnesses on

Patna High Court Cr.Misc. No.14349 of 2015 dt.26-02-2018 2/2 behalf of the prosecution have already been examined. The Trial Court has also mentioned in its report that trial is likely to be concluded within a period of three months.

4.

Therefore, this application is disposed off with direction to the Trial Court to proceed in the trial in accordance with law and make efforts to conclude the trial as early as possible preferably within a period of three months from the date of receipt/production of a copy of this order, as mentioned in the report. (Sanjay Priya, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07/03/2018 Transmission Date 07/03/2018