Patna High CourtCR. MISC./77872/2019dismissed

Bharat Pandey v. The State Of Bihar

2020-01-28Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77872 of 2019 Arising Out of PS. Case No.-155 Year-2002 Thana- BRAHMPUR District- Buxar ====================================================== BHARAT PANDEY Son of Late Brahmdeo Pandey Resident of Village - Brahmpur, P.S.- Brahmpur, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 28-01-2020 Heard.

This application has been filed for quashing the order dated 31.07.2019 passed by ACJM-3, Buxar in Brahmpur P.S. Case No.155/02, GR. No.1133/02 and order dated 05.09.2019 passed by District and Sessions Judge, Buxar in Cr. Rev. No.132/2019 by which his revision petition has been dismissed as not maintainable.

On the basis of written complaint filed by opposite party no.2 (informant), FIR was instituted and after completion of investigation, charge-sheet was submitted against the petitioner upon which cognizance was taken and charges were framed against him. The evidences on behalf of the prosecution was closed and statement of accused was recorded under Section 313 of Cr.P.C. and after arguments were concluded the

Patna High Court CR. MISC. No.77872 of 2019 dt.28-01-2020 2/2 case was fixed for judgment on 31.07.2019 on which date, petitioner was supposed to be physically present before the court, however, he filed an application under Section 317 of Cr.P.C. for his personal exemption on said date which was rejected by the court below and his Bail Bond was cancelled. This Court does not find any error or infirmity in the order passed by the court below and accordingly, the present criminal miscellaneous petition is dismissed. (S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.01.2020 Transmission Date 31.01.2020