Patna High CourtCR. REV./33/2023disposed

Omkar Sharan Prasad @ Onkar Sharan Prasad v. The State Of Bihar

2024-07-23Mr. Justice Arvind Singh Chandel2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.33 of 2023 Arising Out of PS. Case No.-38 Year-1991 Thana- C.B.I CASE District- Muzaffarpur ====================================================== OMKAR SHARAN PRASAD @ ONKAR SHARAN PRASAD Son of Late Shreedhar Prasad Resident of Kiyajori, P.S.- Chakai, Dist.- Jamui ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

The Additional Chief Secretary, Department of Vigilance, Govt. of Bihar, Patna. Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Smiti Bharti, Advocate Mr. Sumit Kumar, Advocate For the State :

Mr.Sunil Kumar Pandey, APP For the Vigilance :

Mr.Anil Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 23-07-2024 Heard both parties.

2. This petition has been preferred by the petitioner/accused being aggrieved with the order dated 18.11.2022 passed by learned Special Judge, Vigilance Muzaffarpur in Special Case No. 24/2008 whereby learned Special Judge of the said Court allowed the application under Section 311 of the Cr.P.C. filed by the prosecution for examination of all remaining witnesses who were not examined before the Trial Court.

3. Perusal of the impugned order shows that while allowing the application the learned court below granted only three effective consecutive dates for production of said

Patna High Court CR. REV. No.33 of 2023(8) dt.23-07-2024 2/2 witnesses of prosecution who have not been examined.

4. Consequently, learned counsel for the State submits that even after lapse of three days no witnesses have been examined before the Trial Court. Therefore, as of now, the impugned order dated 18.11.2022 is not effective.

5. Learned counsel for the petitioner submits that in view of the above, it would be appropriate to dispose of the petition directing the concerned court below to conclude the proceeding within the stipulated time granted by this Court.

6. The prayer made by both the parties appear to be genuine, accordingly, this petition is disposed of directing the concerned court below to conclude the trial and pass the final order as early as possible probably within three months from today.

(Arvind Singh Chandel , J) tusharika/- U T