Devendra Sahni And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25033 of 2015 Arising Out of PS. Case No.-61 Year-2013 Thana- KARJA District- Muzaffarpur ======================================================
1. Devendra Sahni Son of Late Methura Sahni
2. Lakshman Sahni
3. Gonu Sahni Both sons of Devendra Sahni
4. Mukesh Sahni Son of Mahendra Sahni All residents of Village - Karza, P.S. Karza, District - Muzaffarpur ... Petitioners
Versus
1. The State of Bihar.
2. Sunita Devi wife of Umesh Kumar Sah Resident of Village - Karza, P.S. Karza, District Muzaffarpur ... Opposite Parties ====================================================== Appearance :
For the Petitioners :
Mr. Nachiketa Jha, Adv.
For the Opposite Parties :
Mr. DR. KUMAR UDAY PRATAP (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-03-2018 Heard the parties.
The petitioners had challenged the order, dated 13.03.2015, passed by the Court below by which petition filed on behalf of the petitioners under Sections 227 and 228A of the Criminal Procedure Code has been rejected. The learned Additional Sessions Judge, XI, Muzaffarpur, has mentioned in the aforesaid order that at the time of judgment on the basis of evidence the Court will determine as under what sections the charge have been proved by the prosecution.
A report has been called for from the Court below about the current stage of the trial. It has been submitted in the report that prosecution evidence has already been closed. The case is fixed for recording the statement of accused under
Patna High Court Cr.Misc. No.25033 of 2015(3) dt.26-03-2018 2/2 Section 313 of the Criminal Procedure Code.
Therefore, at this stage, this Court is not inclined to interfere with the impugned order.
This criminal miscellaneous is disposed off with direction to the Court below to proceed in the trial in accordance with law and pass final judgment expeditiously. (Sanjay Priya, J) Shamshad/- U T