Criminal Miscellaneous No.8437 OF 1999
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In the matter of an application under Section
482 of the Code of Criminal Procedure, 1973.
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GURU DAYAL SINGH @ KHOKHA SINGH, SON OF LAKHAN
SINGH, RESIDENT OF JANI BAZAR, P.S. TOWN AND
DISTRICT- SASARAM, ROHTAS.
... ... PETITIOINER.
Versus
THE STATE OF BIHAR … … OPPOSITE PARTY.
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For the Petitioner : None.
For the State : Mrs. Indu Bala Pandey,A.P.P.
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P R E S E N T
THE HON’BLE MR. JUSTICE RAKESH KUMAR
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Rakesh Kumar,J. No one appears on behalf of the
petitioner either to press this petition or to
make a prayer for adjournment.
2. Sole petitioner, while invoking
inherent jurisdiction of this Court under
Section 482 of the Code of Criminal Procedure,
has prayed for quashing of order dated 10.3.1999
passed by Additional Sessions Judge 3rd, Rohtas
at Sasaram. By the said order, learned
Additional Sessions Judge has rejected the
petition filed on behalf of the petitioner under
Section 227 of the Code of Criminal Procedure
for his discharge.
3. On perusal of record, it is evident
that in the present case, a truck, which was
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loaded with some kirana articles while coming
from Haryana and going to Aurangabad was looted.
The said truck was looted by the accused persons
and in the said occurrence, driver of the truck
was also murdered. Accordingly, a case vide
Dehri P.S. Case No.6 of 1997 was registered for
the offences under Sections 302, 201, 394 and
411 of the Indian Penal Code. It appears that
some of the looted articles were recovered from
the premises of the petitioner.
4. After investigation, police
submitted charge sheet and case was committed to
the court of Sessions. At the stage of charge, a
petition was filed under Section 227 of the
Cr.P.C. on behalf of the petitioner for his
discharge. Learned 3rd Additional Sessions Judge
after hearing the parties and examining the
record including the case diary by its order
dated 10.3.1999 had rejected the discharge
petition.
5. Aggrieved with the rejection of the
discharge petition vide order dated 10.3.1999
passed by 3rd Additional Sessions Judge, Rohtas
at Sasaram, the petitioner approached this Court
while invoking its inherent jurisdiction. By an
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order dated 30.7.1999, this petition was
admitted for hearing and while admitting the
case for hearing, this Court directed that
during the pendency of this application, further
proceedings with regard to petitioner, namely,
Guru Dayal Singh @ Khokha Singh, in Sessions
Trial No.592 of 1997/Tr. No.167 of 1997 pending
in the court of 3rd Additional Sessions Judge,
Rohtas at Sasaram, shall remain stayed and
thereafter, stay order is still continuing. It
appears that after obtaining the order of stay,
the petitioner has lost his interest in the
present case and due to that reason, at the time
of hearing, none has come forward either to
press this petition or to make a prayer for
adjournment.
6. I have examined the impugned order
and the petition, I am of the view that while
rejecting the discharge petition, the learned
Additional Sessions Judge has committed no
error.
7. Accordingly, I do not find any
merit in this case and petition stands rejected.
8. In view of rejection of this
petition, interim order of stay, which was
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passed on 30.7.1999, automatically stands
vacated.
9. Let a copy of this order be
communicated to the court below forthwith.
10. In this case, earlier copy of case
diary was called for and same is lying on the
record of the case.
11. Office is directed to remit back
the case diary to the court below.
( Rakesh Kumar,J.)
PATNA HIGH COURT
Dated 9.4.2010
N.A.F.R./N.H.