Patna High CourtCR. MISC./13723/2016dismissed

Dr. Trinayan Kumar Chakravarti @ Trinan Kumar Chakravarti v. The State Of Bihar

2016-09-23Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 13723 of 2016 Arising Out of PS.Case No. -104 Year- 2008 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Dr. Trinayan Kumar Chakravarti @ Trinan Kumar Chakravarti Son of Sri Kameshwar Prasad Singh Resident of Village- Kewal Bigha, PS Bakhtiyarpur, District Patna.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad, Sr.Adv. Mr. Ritesh Kumar, Adv.

For the Opposite Party/s : Mr. P.K. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

23-09-2016 Heard Sri Rajendra Prasad, learned senior counsel assisted by Sri Ritesh Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor.

It is a peculiar case, in which, the petitioner has prayed for quashing of an order of cognizance, which was passed long back on 03-06-2008 after knowing well that after order of cognizance, charges were framed and evidence has already commenced. However, Sri Prasad submits that till date, only one witness has been examined.

Considering the fact that order of cognizance was passed in the year 2008, which is being challenged at this belated stage, the Court is of the opinion that the petition deserves to be

Patna High Court Cr.Misc. No.13723 of 2016 (2) dt.23-09-2016 2/2 rejected.

Accordingly, the petition stands dismissed.

However, keeping in view the fact that case was registered in the year 2008, while dismissing, it is desirable to direct the court below to take step for early disposal of the case. Let a copy of this order be sent to the concerned Superintendent of Police for ensuring appearance of witnesses as and when required by the learned court below. The learned court below, while proceeding with the case, may take up the case at least once in a week.

(Rakesh Kumar, J.) Anay U T