High Court Patna High Court - Orders

Arun Kumar vs State Of Bihar & Ors on 8 November, 2011

Patna High Court – Orders
Arun Kumar vs State Of Bihar & Ors on 8 November, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.14598 of 2009
                                          Arun Kumar
                                             Versus
                                    State Of Bihar & Ors
                                           -----------

7 08-11-2011 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

It is pointed out by learned counsel for intervernor of this

case that this case was heard at length and the order was kept

reserved but before pronouncement of order, the police submitted

charge sheet against the petitioner and therefore, after submission of

the charge sheet, it would be proper for this court to send the matter to

the trial court who is competent to pass appropriate order in respect of

charge sheet submitted against the petitioner. To fortify its contention,

a decision reported in 2011(6) SCC 102 has been filed.

On the otherhand, learned counsel appearing for the

petitioner submits that charge sheet has been submitted against the

petitioner after fixing the case for pronouncement of order and

furthermore, vide order 30.11.2010, this court had directed the

investigating agencies not to take any coercive steps against the

petitioner, so, it was in the knowledge of the investigating agency that

the matter is subjudice before this court but in spite of that, the

investigating agencies submitted charge sheet against the petitioner in

a very haste manner and the aforesaid act of the investigating agency

clearly shows that the investigating agency is in collusion with the

intervenor of the present petition.

In my view, the aforesaid points would be considered at the
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time of pronouncement of order in this criminal miscellaneous case.

Let this matter be kept reserved for pronouncement of the

order.

(Hemant Kumar Srivastava, J.)
A.K. Vishwakarma/-