Abhay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.705 of 2017 Arising Out of PS. Case No.-229 Year-1997 Thana- HAJIPUR District- Vaishali ====================================================== Abhay Kumar Singh son of Rameshwar Singh Resident of Mohalla - Choti Marai, Police Station - Hajipur Town, District - Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kumar Singh For the Respondent/s :

Mr. RAM BACHAN SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-07-2017 Heard learned Counsel for the petitioner and learned Additional Public prosecutor representing the State of Bihar.

By the impugned order, 19.06.2017, passed in Sessions Trial No. 37 of 1999, the learned Trial Court has rejected an application for passing order under Section 311 of the Code of Criminal Procedure, 1973.

What emerges from the impugned order is that a petition was filed on behalf of the prosecution for exhibiting paragraph 44 of the case diary, which contains confessional statement of one Bachchu Singh. The said petition was disposed of by an order, dated 07.06.2017.

The said order, dated 07.06.2017, passed by

Patna High Court CR. REV. No.705 of 2017(3) dt.28-07-2017 2/2 learned Trial Court, was not assailed. Thereafter, the prosecution made a motion for passing an order under Section 311 of the Code of Criminal Procedure, 1973, for the same purpose. The learned Trial Court has refused to entertain such plea.

I do not find any illegality in the impugned order. The case is pending before the learned Trial Court for argument. Let the trial be concluded expeditiously.

This application is accordingly dismissed.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √