Manoj Kumar Singh @ Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40525 of 2014 Arising Out of PS.Case No. -137 Year- 2012 Thana -KHAJEKALA District- PATNA ====================================================== Manoj Kumar Singh @ Manoj Singh Son of Late Bindeshwari Prasad Singh Resident of Ram Prasad Khatri Lane, Gurhatta, Police StationKhajekala, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sinha For the Opposite Party/s : Mr. Ram Sewak Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-08-2017 Despite repeated calls, no one appears on behalf of the petitioner.

The instant application has been filed for quashing the order passed by the Additional Sessions Judge-III, Patna City in Sessions Trial No. 1093 of 2013 by which the petition for discharge was rejected.

From the order sheet, it appears that there is no interim order staying the proceeding. The order under challenge is dated10.09.2014 and approximately three years has elapsed and there is nothing on record to indicate the present position of the case.

From perusal of the order dated 10.9.2014, it appears

Patna High Court Cr.Misc. No.40525 of 2014 (3) dt.28-08-2017 2/2 that the order dated 10.9.2014 was passed after hearing the parties and on perusal of the record and also on perusal of the case diary where there is specific material with regard to involvement of the petitioner in the matter.

Under such circumstances, there is no justification to exercise jurisdiction under section 482 of the Cr.P.C. The petition stands dismissed.

(Anil Kumar Upadhyay, J) Ravi/- U