IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16157 of 2009
1.AVINASH PRASAD SINGH, Son of Sri Umesh Prasad Singh, Resident of village Ramauli,
P.S. Kalyanpur, District Samastipur.
2.AMAR PRAKASH, Son of Late Ramji Singh, Resident of Village Chilhari, P.S. Dumraon,
District Buxar.
.........Petitioners
Versus
THE STATE OF BIHAR
.......Opposite Party
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02/- 15-11-2010 Heard Sri Upendra Kr. Singh learned counsel for the
petitioners and Sri Amarendra Prasad Additional Public Prosecutor for
the State.
This is an application under Section 482 of the Code of
Criminal Procedure seeking quashing of order dated 16.09.2008
refusing the prayer of the petitioners under Section 239 of the Code of
Criminal Procedure passed by Shri Kanhaiya Ram, Judicial Magistrate,
1st Class, Patna in Gandhi Maidan P.S. Case No. 286 of 2003, G.R.
No. 3983 of 2003.
During course of argument, it is submitted that in spite of
commencement of trial on the date fixed i.e. 29.09.2008, still not a
single witness has been examined and trial is stand still. If it is so, it is
the matter of great concern, court below is directed to proceed
expeditiously with the trial and preferably conclude the same within
six months of communication of this order.
Accordingly, this application stands disposed of.
Let a copy of this order be communicated to the court
below through FAX at the cost of the petitioners.
Praveen ( Akhilesh Chandra, J.)