Pramod Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56829 of 2023 Arising Out of PS. Case No.-11 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== Pramod Mandal Son Of Yogendra Mandal Villafe Sadhopur Police Station Rangra Gopalpur Distrct Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2023 1.

Heard learned counsel for the petitioner and learned APP.

2.

The present quashing application appears to be misconceived for the reason that the accused has moved against the order dated 26-6-2023 by which the learned ADJ-II, Nogachiya in Session Trial No. 266 of 2020 had rejected the application filed on behalf of the prosecution dated 30-11-2021. 3.

The court completely fails to appreciate that it was the prosecution, who had filed an application before the learned ADJ-II, Nogachiya in Session Trial No. 266 of 2020 seeking certain relief, which was not granted as such if anyone was aggrieved by that order, it was the prosecution and definitely not the accused. Since accused had not prayed for any relief before the learned trial court, as such the order dated 26-6-2023, which

Patna High Court CR. MISC. No.56829 of 2023(2) dt.12-12-2023 2/2 was passed rejecting the application of the prosecution dated 3011-2021, does not give any cause of action to the accused to assail the same in the present quashing proceeding. 4.

Accordingly, the present quashing application is dismissed.

(Satyavrat Verma, J) SUMIT/- U T