Rajesh Pandey @ Brajesh Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51548 of 2013 Arising Out of PS.Case No. -104 Year- 2000 Thana -SIKANDARA District- JAMUI ====================================================== Rajesh Pandey @ Brajesh Pandey S/o Sakendra Pandey Resident of Village Sheodih, Police Station Sikandra, District Jamui .... .... Petitioner

Versus

1. The State of Bihar

2. Chinta Devi W/o Suresh Pandey Resident of Village Sheodih, Police Station Sikandra, District Jamui .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Binod Kumar-Iii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 30-06-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State. This petition is filed for setting aside the order of cognizance dated 01.11.2012 whereby cognizance has been taken under Sections 364/120(B)/34 of the Indian Penal Code by learned Chief Judicial Magistrate, Jamui in Sikandra P.S. Case No.104 of 2000.

Learned counsel for the petitioner submits that charge-sheet was submitted after lapse of 12 years and no material was collected by the police during investigation. Earlier a report was called for from the court below regarding status of the case and the report dated 21.06.2017 reflects that already after framing of the charge in this case, the

Patna High Court Cr.Misc. No.51548 of 2013 (5) dt.30-06-2017 2 / 2 case was committed to the court of sessions and already three witnesses have been examined, therefore, the present application has become infructuous and it is dismissed accordingly. (Arun Kumar, J.) S.Kumar/- U T