Md. Rahim @ Md.Rahim Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3711 of 2020 Arising Out of PS. Case No.-161 Year-2003 Thana- BIBHUTIPUR District- Samastipur ====================================================== Md. Rahim @ Md.Rahim Miya Son of Md. Noor Hasan @ Noorhasan Resident of Village - Shivnathpur, Mahna, P.S. - Bibhutipur, District - Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Akhtar S/O Md. Kudrat Resident of Vill. - Shivnathpur Mahna, P.S. - Bibhutipur, Dist. - Samastipur.

3.

Md. Kudrat S/O md. Late Aligan Resident of Vill. - Shivnathpur Mahna, P.S. - Bibhutipur, Dist. - Samastipur.

4.

Md. Sikandar S/O Md. Kudrat Resident of Vill. - Shivnathpur Mahna, P.S. - Bibhutipur, Dist. - Samastipur.

5.

Md. Akbar S/O Md. Kudrat Resident of Vill. - Shivnathpur Mahna, P.S. - Bibhutipur, Dist. - Samastipur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-04-2023 Heard learned senior counsel for the petitioner and learned APP for the State.

None appears for the O.P. No. 02 to 05 despite valid service of the notice.

This application has been filed on behalf of the petitioner for quashing the order dated 23.10.2019 passed by learned ADJ, I, Rosera in S.Tr. No. 298 of 2004 arising out of Bibhutipur P.S. Case No. 161 of 2003.

Learned senior counsel for the petitioner submits that the prosecution has not examined the Investigating Officer and the Doctor and the application for examination has been rejected by the Court below and the grounds for rejection are not legal.

Patna High Court CR. MISC. No.3711 of 2020(10) dt.28-04-2023 2/2 I have examined the records of the case.

It seems that the prosecution is not taking interest in examining the I.O. and the Doctor.

It is the right of the informant to get a fair trial and his case should not fail because of the State machinery which is prosecuting the case.

In that view of the matter, this application is allowed. Accordingly, the order dated 23.10.2019 passed by learned ADJ, I, Rosera in S.Tr. No. 298 of 2004 arising out of Bibhutipur P.S. Case No. 161 of 2003 is hereby quashed with a direction to the Superintendent of Police, Samastipur to trace out the I.O. and the Doctor and produce them in the Court below within one month from receipt/communication of a copy of this order.

Let a copy of this order be communicated to the District Judge, Samastipur and Superintendent of Police, Samastipur through FAX and e-Mail for its compliance forthwith.

(Sandeep Kumar, J) Vikas/- U