Jagan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19945 of 2016 ======================================================

1. Jagan Yadav Son of Ramdeo Yadav resident of village - Gangahar, P.S. Magadh University, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-05-2016 The present application has been filed for modification of order dated 01.04.2016 passed in Cr. Misc. No. 4646 of 2016.

The factual matrix of the case is that the petitioner preferred Cr. Misc. No. 4646 of 2016 for quashing of the order dated 19.05.2014, passed by learned Adhoc Additional Sessions Judge, Vth, Gaya, in Sessions Trial No. 118 of 2012/85 of 2014/146 of 2006, arising out of Magadh University P.S. Case No. 36 of 1996 whereby the learned trial court allowed the prayer of the prosecution for examination of Meena Devi as witness, who was neither charge-sheeted witness nor examined under Section 161 Cr.P.C. during investigation. The said quashing application was dismissed as withdrawn vide order dated 01.04.2016 on the ground that said Meena Devi was already examined, cross-examined and discharged. In that

Patna High Court Cr.Misc. No.19945 of 2016 (2) dt.04-05-2016 background the quashing application was dismissed as withdrawn.

The orders dated 01.04.2016 and 19.05.2014 stands modified to the extent indicated above. Accordingly, this modification application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T