Vijay Singh @ Vijay Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41790 of 2016 Arising Out of PS.Case No. -492 Year- 2004 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA =========================================================== Vijay Singh @ Vijay Kumar Singh, Son of late Ram Dayal Singh, resident of Village- Sanjhauli, P.S.- Sanjhauli, District- Rohtas. At present posted in Parsa Police Station District Patna as Officer-in-charge. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Darogi Paswan, Son of Ghoghay Paswan, resident of Village- Nayagaon, Satkhuti, Rajput Tola, P.S.- Parbatta, District- Khagaria. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate. For the Opposite Party/s : Mr. Sadanand Paswan, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 13-08-2018 1.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 03.12.2014 passed by learned 1st Additional Sessions Judge, Khagaria, in Sessions Case No. 89 of 2013 by which the learned Sessions Judge has framed charge against the petitioner for the offences under Section 323, 384 of the Indian Penal Code and Section 3 (1) (x) of SC/ST Act. 2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

It appears that earlier petitioner has filed quashing application challenging the order of cognizance dated 25.11.2014 which was dismissed as withdrawn vide order dated 05.11.2012

Patna High Court Cr.Misc. No.41790 of 2016 dt.13-08-2018 2/2 passed in Cr. Misc. 53174 of 2008.

4.

Counsel for the petitioner has submitted that after framing of charge in the year 2014, not a single witness has been examined in this case.

5.

In this case charge has been framed in the year 2014 itself. Therefore, this Court is not inclined to interfere with the impugned order.

6.

This Criminal Miscellaneous application is accordingly dismissed.

7.

The court below is directed to expedite the trial and make efforts to conclude the same expeditiously preferably within a period of six months from the date of receipt of this order. (Sanjay Priya, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 27/08/2018 Transmission Date 27/08/2018