Sunil Kumar @ Sunil Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34202 of 2015 Arising Out of PS.Case No. -72 Year- 1992 Thana -PUNPUN District- PATNA =========================================================== Sunil Kumar @ Sunil Kumar Singh .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 27-07-2015 The petitioner seeks quashing of the order dated 15.06.2015 by which the Additional Sessions Judge II, Patna in Sessions Trial No. 744 of 1993 has refused an application under Section 311 Cr.P.C.

It appears that the case is of the year 1993 and the charges were framed on 06.01.2005 whereas the evidence of prosecution was closed on 02.12.2008. Defence witnesses were also examined. The F.T.C III, Patna issued summon for evidence of Doctor and the Investigating Officer on 18.01.2010. Despite receipt of summon they did not appear. A letter was also issued to S.S.P. Patna but he not obeyed. Then the prosecution case was closed on 11.09.2014. Two months later the petitioner had filed an application under Section 311 Cr.P.C for examination of the aforesaid witnesses in consideration of

Patna High Court Cr.Misc. No.34202 of 2015 dt.27-07-2015 2/2 the dates mentioned above.

In consideration of the above I find no merit in the application. The same is rejected. The trial Court is directed to conclude the trial positively, within a period of 30 working days without granting any unnecessary adjournment to any party. (Anjana Prakash, J) Prakash/- U T