Dev Raj Dev v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.199 of 2016 ====================================================== Dev Raj Dev, son of Ram Chandra Bhagat, Resident of Shiksha Nagar Banmankhi, P.S. Banmankhi, District- Purnia (Bihar) presently posted at Coimbatore as Commissioner of Disciplinary Proceeding. .... .... Petitioner

Versus

1. The State of Bihar through the District Magistrate, Purnia.

2. The Registrar Civil Court, District- Purnea.

3. Pritam Choudhary W/o Dev Raj Dev of Navratan P.S. K. Hat, District Purnia.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Singh For Patna High Court : Mr. Bindhyachal Singh Ms. Smriti Singh For the State : Mr. Binay Kumar Pandey, AC to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL ORDER 28-03-2016 The present writ application has been filed by the husband of respondent no.3 seeking early disposal of a complaint for an offence punishable under Section 417 of the Indian Penal Code, which is a case of summon trial.

Learned counsel for the petitioner points out that the petitioner is working in the State of Tamil Nadu, whereas his wife is not interested in expeditious disposal of this complaint and is not appearing on the dates fixed.

Keeping in view the nature of trial, I deem it appropriate to direct the learned trial court to exempt the personal presence of the petitioner from appearing in the court on the

Patna High Court Cr. WJC No.199 of 2016 (2) dt.28-03-2016 2/2 condition that he will continue to appear through his Counsel and shall appear as and when his statement has to be recorded. The present writ application stands disposed of accordingly.

(Hemant Gupta, J) mrl U T