Vijay Kumar Mitra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45181 of 2014 Arising Out of PS. Case No.-1326 Year-2007 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Vijay Kumar Mitra son of Late Dil Mohan Mitra resident of Mohalla Gouripur, P.S. Safiabad, District Munger.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Anita Devi wife of Sri Ajeet Kumar Singh resident of Gouripur, P.S. Safiabad, District - Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Samir Kumar Sinha For the Opposite Party/s :

Mr. NAVIN KR. PANDAY (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-03-2018 The petitioner has challenged the order dated 07.03.2009 passed by the learned Judicial Magistrate, Ist Class, Munger in Complaint Case No. 1326 (C) of 2007 whereby cognizance has been taken against him under Sections 323, 504, 406, 420 and 120B of the Indian Penal Code.

Learned counsel for the petitioner has submitted that though the order of cognizance has been taken about more than eight years ago, but the trial has not proceeded at the correct pace for the reason that the complainant/opposite party no. 2 is not appearing before the court below.

The court below is directed to take all possible steps for concluding the trial and if the opposite party no. 2 does not

Patna High Court Cr.Misc. No.45181 of 2014(3) dt.06-03-2018 2/2 contest the case, necessary orders may be passed by the court below.

With the aforesaid observation, the present petition is disposed of.

(Ashutosh Kumar, J) KKSINHA/- U T