IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14598 of 2009
Arun Kumar
Versus
State Of Bihar & Ors
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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/-