IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.17607 of 2009
RAJENDRA PRASAD SON OF LATE-RAMCHANDRA PRASAD, R/O VILLAGE-
DILAWAR PUR, P.S.-BIHTA, DISTRICT PATNA
Versus
1. THE STATE OF BIHAR
2. SHRI RAMASHRAY PRASAD SINGH, EX MEMBER OF PARLIAMENT
JAHANABAD KAKO ROAD, JAHANABAD DISTRICT JAHANABAD.
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/2/ 26.11.2010 Heard learned counsel for the
petitioner and Additional Public
Prosecutor for the State.
This is an application under
Section 482 of Criminal Procedure Code
seeking quashing of order dated
01.04.2009 passed in G.R. Case no.
1268/2000 and Trial No. 11/2008 by 1st
Additional Sessions Judge (Special
Judge), Jahanabad, refusing prayer of the
petitioner made under Section 239 of
Criminal Procedure Code.
It is submitted that till today
trial has not commenced. From the
impugned order it does not appear that
for what offences trial Court intends to
proceed with the trial after framing
charges against the petitioner, it needs
2
reconsideration. The trial Court shall,
on receipt of copy of this order provide
an opportunity to the petitioner to place
all his points. The fact that petitioner
has already superannuated from service in
the year 2004 in view of a decision of
Supreme Court in a case of “George
Pentiah V. State of A.P.” reported in
2008 (12) SCC 531 besides other points
regarding enquiry report of Rural
Commissioner etc, and pass appropriate
order thereafter. If, at all, there is
any material to proceed with the trial at
the time of passing such orders the trial
Court must indicate nature of offences
and then to proceed with the trial.
With above observations this
application stands disposed of.
(Akhilesh Chandra, J.)
Safik