Prasidh Narain Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 17132 of 2011 Arising out of P.S. Case No. -91 Year- 2001 Thana -Dhanrua District- PATNA ======================================================== Prasidh Narain Singh S/o Late Ram Gulam Singh Resident of Village Moglani Chak, P.S. Dhanrua, Distt. Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director General of Police, Bihar, Patna.

3. The Senior Superintendent of Police, Patna.

4. The Officer In-charge, Didarganj, Police Station Patna.

5. Surendra Prasad @ Sailendra Prasad, Son of Dehati Roy alias Hari Rai, Resident of Mohalla-Noorpura, P.S.-Didarganj, Dist.- Patna.

6. Naresh Prasad.

7. Awadhesh Prasad.

8. Mukesh Prasad.

All son of Late Raujdari Pd. All resident of Village-Begampur, Sidha Baza Near Old Mosque, P.S.-Chauk Patna City, Dist. Patna at present Proprietor Mahabir Transport Devi Asthan Maroof Ganj, P.S.-Malsalami, Dist.-Patna. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Nand Kishore Pd. Sinha, Adv.

For the Opposite Party/s : Mr. Gajendra Pd. Yadav, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 02-03-2015 The Petitioner who is the Informant seeks quashing of the order dated 10.09.2009 passed by the Judicial Magistrate, 1st Class, Masaurhi, Patna in Complaint Case No. 91 of 2001 (G.R. No. 213 of 2001/Tr. No. 1204 of 2009) on the ground that the accused persons have absconded and, therefore, consigned the records in the case.

The Petitioner submits that it is well within the powers of the Magistrate to summon the accused, Opposite Party No. 5.

Patna High Court Cr.Misc. No.17132 of 2011 dt.02-03-2015 Notices had been issued to the Opposite Party No. 5 but the process server reported that the Opposite Party No. 5 was out of station.

It has been submitted that the Opposite Party No. 5 is very much available in his village.

In view of such, the Petitioner is directed to file an application before the Sr. S.P. Patna giving full details of the Opposite Party No. 5 who shall refer the matter to the concerned Officer In-charge for production of the Opposite Party No. 5 before the Court below. When the Opposite Party No. 5 appears it will be open to the Court below to proceed in trial as required.

With these observations, the Application is disposed off.

Vikash/- (Anjana Prakash, J.) U T