IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14898 of 2009
ARUN KUMAR SRIVASTAV S/O RAMESHWAR PRASAD
R/O VILLAGE SHANTI NAGAR DUMRA, P.S.DUMRA,
DISTRICT-SITAMARHI.
--PETITIONER
Versus
1. THE STATE OF BIHAR
2. YOGENDRA PRASAD, S/O LATE GAYA PRASAD,
HARIJAN TOLA, MANOHAR BABA PATH, BAIRGANIA,
P.S. BAIRGANIA, DISTRICT-SITAMARHI.
--OPP.PARTY
2 29.10.2010
Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
This is an application under Section 482 of the
Code of Criminal Procedure seeking quashing of the order
dated 24.03.2009 passed by the Chief Judicial Magistrate,
Sitamarhi, in Bairgania P.S. Case no.45 of
2001corresponding to trial no.14 of 2009 allowing petition
of prosecution under section 311 of the Code of Criminal
Procedure and permitting to examine the informant
Yogendra Prasad as prosecution witness on the date of
judgment as the witness was present on the day whose
evidence could not be recorded on earlier two occasions
inspite of his presence.
After some arguments learned counsel for the
2
petitioner seeks permission to withdraw this application on
the condition that the informant, if not examined within a
month from communication of this order to the court below,
no further adjournment for the purpose shall be granted.
Considering the genuineness and bonafide of the
prayer, it is accorded and application stands disposed of as
withdrawn with the above condition and liberty. The court
below shall strictly follow the period and soon after
communication of the order shall take all possible steps to
procure attendance of the witness within stipulated period.
(Akhilesh Chandra, J.)
AAhmad/