Satish Narayan Dhar v. The State Of Bihar Through The Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.139 of 2017 Arising Out of PS. Case No.-33 Year-1992 Thana- VIGILANCE District- Patna ====================================================== Satish Narayan Dhar son of Late Umesh Narayan Dhar resident of Mohalla - Mahatma Gandhi Nagar, Kankarbagh, P.S. Agam Kuan, District - Patna. ... ... Petitioner/s

Versus

The State Of Bihar Through The Vigilance ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha, Adv For the Opposite Party/s :

Mr.Ramakant Sharmal.O.,I/C Vig., ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner as well as learned counsel for Vigilance.

After some arguments, learned counsel for the petitioner seeks withdrawal of the instant petition with a liberty that the points which have been raised at this juncture, should be allowed to be raised at an appropriate stage of the trial and in terms thereof, instant petition is dismissed as withdrawn. However, it is made clear to the prosecution as well as to the learned lower court that mere institution of case will not serve the purpose. Occurrence has been shown to be in between 1987-1988 while the case has been instituted in the year 1992 and since thereafter, the matter is being sailed in sluggish manner and for that, the State is also responsible for sitting idle. That being so, the prosecution is directed to get the

Patna High Court Cr.Misc. No.139 of 2017(6) dt.21-02-2019 2/2 trial concluded within a year, otherwise, petitioner will be at liberty to raise the issue of infringement of his constitutional right.

(Aditya Kumar Trivedi, J) perwez U T