Patna High CourtCR. MISC./23974/2012dismissed

Bimla Devi v. State Of Bihar And ANR

2015-02-23Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 23974 of 2012 Arising out of P.S. Case No. -862 Year- 1992 Thana - Complaint District- BEGUSARAI ======================================================== Bimla Devi W/o Ganga Ram Singh @ Kari Singh R/o Akaha Bishanpur, P.S.-Bhagwanpur, Distt-Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Krishna Mohan Singh S/o Baleshwar Singh R/o Vill-Ramdiri Tola, Akashpur, P.S.-Begusarai, Distt-Begusarai. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Shashidhar Jha, Adv.

For the Opposite Party/s : Mr. Nagendra Pd. APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 23-02-2015 The Petitioner seeks quashing of the order dated 25.02.2012 passed by the Sessions Judge, Begusarai in Cr. Rev. No. 96 of 2012 by which it has confirmed the order dated 08.09.2011 passed by the Judicial Magistrate, 1st Class, Begusarai in Complaint Case No. 862C of 1992 by which it has refused an application filed under Section 311 Cr.P.C for recalling the Prosecution Witnesses No. 1, 2 and 3.

A Report was called for from the Trial Court with regard to the developments in trial and it is reported that repeatedly the defence evidence was closed and the case was fixed for argument but at one point in time the accused persons create problem in disposal of the trial.

Hence, finding no merit in the application, the same is dismissed.

Patna High Court Cr.Misc. No.23974 of 2012 dt.23-02-2015 The Trial Court is directed to expedite the trial and conclude the same without granting unnecessary adjournment to any party and for which reason it shall send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order, to the Superintendent of Police, Begusarai, and the Superintendent of Police, Begusarai is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial.

(Anjana Prakash, J) Vikash/- U T