Patna High CourtCR. MISC./73625/2022disposed

Rahul Kumar v. The State Of Bihar

2023-08-16Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73625 of 2022 Arising Out of PS. Case No.-344 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== Rahul Kumar S/O Anuj Singh R/O Village- Pakari, P.S- Fatehpur, DistrictGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No.2, Advocate For the Opposite Party/s :

Mr.Atul Chandra, APP For the Informant :

Mr.Shailesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-08-2023 Heard learned counsel for the parties.

2. Learned counsel appearing on behalf of the petitioner informs that the informant is delaying the trial and recently he has filed an application dated 10.08.2023 under Section 311 of Cr.P.C. for examination of three other witnesses, which has led the petitioner to remain under trial.

3. Learned APP appearing on behalf of the State informs that as per the report of the Superintendent of Police, Gaya, out of 13 witnesses, 07 witnesses have already been examined and 05 other witnesses have been exempted from being examined, as such only one witness is yet to be examined.

4. So far as application made on behalf of the informant under Section 311 of Cr.P.C. is concerned, the same is

Patna High Court CR. MISC. No.73625 of 2022(8) dt.16-08-2023 2/2 pending and no order has been passed.

5. Considering the advance stage of the trial, this Court directs the learned trial court to conclude the trial within a period of three months without fail.

6. At this stage, Mr. Shailesh Kumar, learned counsel appearing on behalf of the informant submits that he has received instruction that the informant side will ignore the application dated 10.08.2023.

7. The learned trial court is directed to pass order in accordance with law.

8. With the above observation/direction, the present application disposed of.

(Purnendu Singh, J) chn/- U