Revision against dismissal of complainant's application to examine five witnesses before charge. High Court found no illegality, dismissed revision, directed trial to conclude within six months.
Criminal Revision dismissed. Trial Court directed to examine witnesses before charge and conclude trial within six months.
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Patna High Court CR. REV. No.473 of 2010 (4) dt.29-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.473 of 2010
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MANOJ KUMAR @ MANOJ KUMAR MISHRA VIJAY MISHRA SUPAUL NAGAR PARISHAD,WARD NO.2,PREM NAGAR,ROAD , PO.+PS.SUPAUL,DISTT.SUPAUL.
.... .... PETITIONER/S VERSUS
.... .... RESPONDENT/S
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
4 29-01-2013
This criminal revision is directed against the order dated 05.01.2010 passed in Criminal Revision No. 108 of 2009(s) by the court of District and Sessions Judge, Saharsa, Camp Court, Supaul whereby the learned Sessions Judge, Camp Court dismissed the aforesaid criminal revision preferred by the O.P. No. 2, Rakhi Devi against the order dated 31.07.2009 passed in Complaint Case No. 351C of 2001 whereby the application of the O.P. No. 2 has been rejected by the learned Judicial Magistrate, Ist Class, Supaul for examination of five witnesses before charge giving opportunity to complainant to adduce evidence before charge with direction to conclude trial within two months to fix case day to day basis as the case is old one.
Patna High Court CR. REV. No.473 of 2010 (4) dt.29-01-2013
Perused the impugned order.
Apparently, I find no illegality in the impugned order for interference with the same in revisional jurisdiction. Accordingly, this Criminal Revision stands dismissed. However, the trial court is directed to examine the witnesses before charge on day to day basis and conclude the trial without unnecessary delay and dispose of the same preferably within a period of six months.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
1 issue framed by the court
Whether the revisional court should interfere with the order dismissing the application of the complainant for examination of witnesses before charge.
1 provisions across 1 enactments
Manoj Kumar @ Manoj Kumar Mishra
State of Bihar
Rakhi Devi D/o Singheshwar Mandal
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
