IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. NO.436 OF 2008
NARAYAN JHA VS STATE
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3 14.7.2008 This case has come to the Court at the instance of the petitioner
under the heading ‘To Be Mentioned’.
It is submitted by Sri Gautam Bose, learned Senior Advocate
appearing on behalf of the petitioner that while passing last order dated
19.5.2008 this Court had stayed further proceeding in the court below
apart from issuing notice and calling for the case diary of Sessions Trai No.
149 of 2006, but on account of inadvertence, the stay order has not been
typed out in the said order. He further submits that he had made the prayer
for stay of the proceeding during the pendency of the hearing of this
Revision Application as there is no adequate material on record for framing
of charge in S.Tr No. 149 of 2006, arising out of Katihar Town PS case no.
529 of 2004 registered for offence under section 307/120B of the Penal
Code and 27 of the Arms Act. Learned counsel also submitted that as the
certified copy of the order could have been obtained only during vacation,
the bench slip dated 9.7.2008 was filed after reopening of office.
It appears by mistake the order for stay of the further
proceeding in the above case has not been mentioned in order dated
19.5.2008.
In view of the aforesaid, further proceedings in S.Tr No. 149 of
2006 pending before Sri BB Lal, the Addl District Judge, FTC III, Katihar
in S. Tr No. 149 of 2006, arising out of Katihar Town PS Case No. 529 of
2004 shall remain stayed so far petitioner as above is concerned.
Shashi. (S.P.Singh,J).