In an oral order, the High Court refused the petitioner's prayer to quash criminal proceedings regarding kidnapping allegations. It directed the trial court to proceed expeditiously without delay.
Prayer refused; trial court directed to proceed expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49615 of 2012
====================================================== Prem Chand Tiwary S/O Gorakh Tiwary R/O Village - Nawada, Pasoni, P.S. Uchakagaon, District – Gopalganj .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 05-04-2013 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this case ( S.Tr. no. 332 of 2012 arising out of Uchakagaon P.S. Case no. 44 of 2012 pending before District and Sessions Judge, Gopalganj) with allegation of kidnapping of minor daughter of the informant with ulterior motive and the victim, on being recovered after substantial lapse of time from the house of maternal uncle of the petitioner, in her statement under Section 164 of the Code of Criminal Procedure, stated about the miseries faced by her and the role played by the petitioner.
Having regard to the facts and circumstances, prayer is refused. Trial court is directed to proceed expeditiously avoiding undue delay and adjournments and petitioner, if so wishes, is at liberty to renew the prayer before the trial court itself
2
after examination of the victim who may preferably be the fist prosecution witness.
Let this order be communicated through FAX at
the cost of the petitioner.
(Akhilesh Chandra, J)
A.Ahmad/-
2 issues framed by the court
Whether prayer for quashing of proceedings should be allowed or refused.
How trial court should proceed given the victim's statement.
Prem Chand Tiwary
The State Of Bihar
Akhilesh Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
