Patna High CourtCR. MISC./35456/2018disposed

Dr. Govind Mohan Jee v. State Of Bihar And ANR

2018-11-22Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35456 of 2018 Arising Out of PS.Case No. -2557 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Dr. Govind Mohan Jee, Son of Late Nageshwar Das M.S. (Ortho), Lecturer P.M.C.H. Patna, Jagdamba Nurshing Home, Boring Canal Road, Near Indira Bhawan, P.S.- Budha Colony, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Satish Yadav, Son of Late Bindeshwar Yadav, Resident of Village- Chak Madhol, P.S.- Tajpur, District- Samastipur.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sujit Kumar Singh For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 3.

22-11-2018 This case is one of those cases in which even though the petitioner is challenging the order rejecting his petition seeking discharge, the copy of the deposition of the witness who deposed at the stage of evidence before charge have not been enclosed with the petition. Having such experience earlier, this court has published a notice at the top of the cause list requesting the learned Advocates to file the depositions in such cases but even that has failed to get the records properly constituted. This court is therefore constrained to reject this application at this stage without going into the merit of the case. It is not possible for the court to examine the impugned order in absence of the depositions.

Patna High Court Cr.Misc. No.35456 of 2018 (3) dt.22-11-2018 The petitioner will have however liberty to file a fresh application against the impugned order and if such application is filed, the certified copy whatsoever enclosed with the present application shall be utilized. This application is disposed off.

If learned counsel for the petitioner supplies a duly authenticated Xerox copy of the certified copy which he would like to take back, the office shall allow him to take back.

(Rajeev Ranjan Prasad, J) Rajeev/- U T