IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.24391 of 2009
SURESH UPADHYAY s/o Late Budhan Upadhyay, Resident of village- Bharthu,
P.S.-Ghoshi, District- Jehanabad, presently Assistant Teacher, High School, Deokoli,
P.S. Guranu, District- Gaya ....Petitioner
Versus
THE STATE OF BIHAR ...OP
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2/ 29.09.2010 Heard the parties.
The petitioner is aggrieved by the order dated 10.12.2008
passed by the FTC -IV, Gaya, in Sessions Trial No. 335 of 2004, by
which on account of non-affixation of sufficient amount of stamp on
the representation petition filed under section 317 Cr. P. C. the same
was disallowed.
In my view, the trial court should not have taken such
strict view and should have given opportunity to the petitioner to
rectify the defect.
In the circumstances, the petitioner is directed to appear
before the trial court within three weeks from the date of
receipt/production of a copy of this order and if he does so he shall
be enlarged on bail on his previous bail bonds.
With the aforesaid observation, this application stands
disposed of.
Let this order be communicated to the FTC -IV, Gaya, in
Sessions Trial No. 335 of 2004 through FAX at the cost of the
petitioner.
JA/- (Anjana Prakash, J.)