Ramlakhan Mishra @ Lakhan Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33430 of 2017 Arising Out of PS. Case No.-57 Year-2015 Thana- ROSHANGANJ District- Gaya ====================================================== Ramlakhan Mishra @ Lakhan Mishra Son of Late Kamta Mishra R/o Brahman Bigha, P.O.- Tilaiyan, P.S.- Raushanganj, District- Gaya. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lokesh Kumar Singh For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-02-2019 The learned trial court vide letter no. 23 dated 15.01.2019 has sought seven months' further time for disposal of Session Trial No. 59 of 2017 arising out of Raushanganj P.S. Case No. 57 of 2015.
The record goes to show that earlier vide order dated 11.10.2017, this court directed the learned trial court to conclude the above stated trial within seven months from the date of production/ receipt of copy of order dated 11.10.2017 but vide letter no. 116/18 dated 15.05.2018, the learned court below sought further seven months' time for conclusion of above stated Session Trial No. 59 of 2017/553 of 2016 arising out of Raushanganj P.S. Case No. 57 of 2015. However, again, the learned trial court has sought further seven months' time on the
Patna High Court Cr.Misc. No.33430 of 2017(5) dt.20-02-2019 2/2 ground that out of twelve proposed prosecution witnesses up till now, only three prosecution witnesses could be examined. It appears from the aforesaid fact that the learned trial court has not taken the direction of this court seriously and session trial no. 59 of 2017 is going in dilly-dally manner. However, further four months' time is granted to learned trial court to conclude the aforesaid trial within the period of four months from the date of receipt/production of this copy of this order even by taking the aforesaid session trial on day to day basis. It is made clear that failure on the part of trial court shall be viewed seriously.
Let this order be communicated to the trial court (Addl. Sessions Judge II, Gaya) without any delay. (Hemant Kumar Srivastava, J) s.hassan/- U T