High Court Patna High Court - Orders

Triveni Shankar Sharma vs The State Of Bihar &Amp; Ors on 6 October, 2010

Patna High Court – Orders
Triveni Shankar Sharma vs The State Of Bihar &Amp; Ors on 6 October, 2010
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.24926 of 2009
                TRIVENI SHANKAR SHARMA, SON OF SRI INDERDEO SINGH @
                SHARMA RESIDENT OF VILLAGE GHANGHAILA, P.S. TEKARI,
                DISTT. GAYA.
                                                                ------- PETITIONER.
                                                Versus
                1. THE STATE OF BIHAR
                2. RAMKRIT YADAV, SON OF JUDAGI YADAV
                3. RAMPAYARE YADAV, SON OF RAMKRIT YADAV
                BOTH ARE RESIDENT OF VILLAGE GHANGHAILA, TOLA
                GULZARBAGH, P.S. TEKARI, DISTT. GAYA
                                                       ------ OPPOSITE PARTIES.
                                           -----------

4. 06.10.2010 Heard the parties.

The petitioner seeks quashing of the order dated

21.3.2009 passed in Criminal Revision No. 41 of 2009 by

Sessions Judge, Gaya, by which he has affirmed the order

of Judicial Magistrate 2nd Class, dated 11.2.2009 in G.R.

Case No. 2551 of 2009.

The prayer of the petitioner was allowed at one

instance and the I.O. was summoned but despite

opportunity, he was not cross-examined by the defence, in

view of which, he was discharged. Thereafter, a fresh

application for re-summoning the witness was filed, but

disallowed by the trial court in the circumstance of the case.

In my view the orders impugned are completely

valid and call for no interference.

The application is dismissed.

( Anjana Prakash, J. )
S.Ali