IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32110 of 2010
SHILESH KUMAR TIWARI @ SATISH TIWARI, SON OF KRISHNA
MURARI TIWARI, RESIDENT OF VILLAGE - KATHAURA, P.S.
SONHAN, DISTT. KAIMUR AT BHABUA.
-------- PETITIONERS
Versus
THE STATE OF BIHAR
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2. 04.03.2011 Heard the parties.
The petitioner has sought quashing of the order
dated 20.7.2010 passed by learned F.T.C.- I, Kaimur at
Bhabua in Sessions Trial No. 246 of 2008 by which an
application filed on behalf of the petitioner for examination of
Doctor and Investigating Officer has been disallowed.
It has been submitted that the court did not exhaust
the process for examination of these two important witnesses
and disallowed the application on erroneous ground.
On the other hand, the counsel for the Opposite
Party submits that more than enough time had been given to
the petitioner for examination of several witnesses and,
therefore, no further time should be given.
In my view, since the order impugned itself has
mentioned that only summons had been issued to these two
witnesses who are no doubt important for the ends of justice, I
am inclined to allow this application and direct the trial court to
issue bailable, non-bailable warrants as well as give Dasti
summons simultaneously for these two witnesses within two
weeks from the date of receipt of this order so that the trial court
2
is not heldup any more but at the same time the ends of justice
does not suffer.
With these observations, the application is disposed
off.
Let this order be communicated to the court of
F.T.C.-I, Kaimur at Bhabua, in Sessions Trial No. 246 of 2008,
through FAX at the cost of the petitioner.
( Anjana Prakash, J.)
S.Ali