Dulko Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44392 of 2015 Arising Out of PS. Case No.-6 Year-2015 Thana- BALRAMPUR District- Katihar ============================================== 1.

Dulko Devi and Ors wife of late Posa Singh 2.

Taponi Devi wife of Devendra Singh 3.

Semo Singh son of late Posa Singh All resident of Village- Siyalparsa, Police Station- Balrampur ,District Katihar.

... ... Petitioners

Versus

1.

State Of Bihar 2.

Sadri Devi wife of Mochlal @Nunchato Das Resident of Village- Jagatpur , Police station- Barsoi, District Katihar.

... ... Opposite Party ============================================== Appearance :

For the Petitioner/s :

Mr.Md. Rahmatullah For the Opposite Party/s :

Mr.Ram Naresh Roy App ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-03-2021 This case has been listed on the letter of the Additional District & Sessions Judge -V, Katihar, who has informed this Court about the stage of the case. This petition was filed for quashing of the order dated 05.05.2015 passed by the Judicial Magistrate -1st Class, Katihar in Balrampur P.S. Case No. 06 of 2015, whereby cognizance was taken against the petitioners under Section 302/34 of the Indian Penal Code.

It was urged on behalf of the petitioners before

Patna High Court CR. MISC. No.44392 of 2015(3) dt.24-03-2021 2/3 this Court on 21.12.2019 that chargesheet had been submitted in this case under Section 306 of the Indian Penal Code but the learned Magistrate, differing with the police report, took cognizance under Section 302/34 of the Indian Penal Code.

This Court found that the order passed by the learned Magistrate was a reasoned order and that since the case is of the year 2015, this Court found it expedient to direct that the Trial of the case ought to be concluded within a period of one year from the date of receipt / production of a copy of that order dated 21.12.2019.

Pursuant to the aforesaid direction, the letter referred to above written by the Additional district & Sessions Judge -V, Katihar who is in seisin of this case, which had led to listing of this case.

It appears from the letter that the case is pending for the evidence of the prosecution witnesses. This Court, therefore, directs that all efforts should be taken to conclude the trial as expeditiously as possible preferably within a period of nine months from the date of

Patna High Court CR. MISC. No.44392 of 2015(3) dt.24-03-2021 3/3 receipt / production of a copy of this order. Since this petition has already been disposed of, the records are consigned.

(Ashutosh Kumar, J) sunilkumar/- U T