← Library
Patna High CourtCR. MISC./59444/2023allowed

Binay Kumar Gupta @ Chunnu Gupta v. The State Of Bihar

2024-07-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59444 of 2023 Arising Out of PS. Case No.-391 Year-2011 Thana- SHERGHATI District- Gaya ====================================================== Binay Kumar Gupta @ Chunnu Gupta S/O Gupteshwar Prasad Gupta Proprietor Of Sherghati Gas Service, Sherghati (Gaya), R/O Mohalla- Satsang Nagar, Ps. Sherghati, Dist. Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

THE BLOCK SUPPLY OFFICER, SHERGHATI (GAYA) BIHAR, GAYA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Prakritita Sharma For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-07-2024 Heard the learned counsel for the parties.

2. This application has been filed for quashing of the entire criminal proceeding including the order dated 06.12.2022 passed by learned S.D.J.M., Sherghati (Gaya) in connection with Sherghati P.S. Case No. 391 of 2011.

3. It has been submitted by the learned counsel for the petitioner, the discharge application was filed on 22.01.2015, but the same was never heard and decided, and without deciding the same, the impugned order dated 06.12.2022 has been passed by the S.D.J.M., Sherghati for framing of charge.

4. From the records it appears that the discharge application was never considered by the S.D.J.M., Sherghati.

Patna High Court CR. MISC. No.59444 of 2023(2) dt.23-07-2024 2/2

5. In these circumstances, this application is allowed, and the order dated 06.12.2022 passed by learned S.D.J.M., Sherghati (Gaya) in connection with Sherghati P.S. Case No. 391 of 2011 is hereby quashed.

6. The learned counsel for the petitioner is permitted to file supplementary petition of discharge as prayed today.

7. The case is remitted back to the S.D.J.M., Sherghati for a fresh hearing on discharge application. The discharge application shall be heard and decided within a month from the date of communication of this order even if the accused persons do not cooperate.

8. This application stands allowed.

(Sandeep Kumar, J) Shishir/- U T