Shashi Kishore Sinha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 32771 of 2013 Arising out of P.S. Case No. -1416 Year- 2007 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================== Shashi Kishore Sinha S/o Late Bindhyachal Prasad Sinha Resident of Mohalla- South Gate, Chandchaura, P.S.- Civil Line, DistrictGaya (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ajay Kumar Sinha S/o Late Bipin Bihari Resident of Mohalla- 22, Koili Pokhar, Mohan Nagar, P.S.- Rampur, District- Gaya (Bihar). .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Raju Giri, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 01-03-2016 The Petitioner seeks quashing of the order dated 30.05.2013 passed by the Ad hoc Additional Sessions JudgeV, Gaya in Cr. Rev. No. 119 of 2012/06 of 2013 by which it has upheld the order dated 18.08.2012 passed by the Judicial Magistrate, 1st Class, Gaya in Complaint Case No. 1416 of 2007 by which it has rejected the Petition filed by the Petitioner under Section 311 Cr.P.C.

The Petitioner submits that the Trial is still pending. Considering that the Petitioner only wants proved the legal notice and the certificate of posting, the order dated 30.05.2013 passed by the Ad hoc Additional Sessions JudgeV, Gaya in Cr. Rev. No. 119 of 2012/06 of 2013 by which it has upheld the order dated 18.08.2012 passed by the Judicial

Patna High Court Cr.Misc. No.32771 of 2013 dt.01-03-2016 Magistrate, 1st Class, Gaya in Complaint Case No. 1416 of 2007 is, hereby, set aside.

The Court below is directed to give only one indulgence to the accused persons from the date of receipt of this order for proving the said documents.

The Application stands disposed off with the aforesaid observations.

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