The High Court of Patna dismissed the petitioner's application seeking quashing of an order where the CJM took cognizance after differing from the final report, refusing interference but directing expeditious proceedings due to delay.
Application dismissed; Magistrate directed to expedite proceedings.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15354 of 2014
Arising Out of PS.Case No. -39 Year- 1995 Thana -RAUTA District- PURNIA ====================================================== 1. Sonu Lal Singh Son Of Godhuri Lal Singh Resident Of Village- Durga Bari, P.S.- Routa, District- Purnea .... .... Petitioner/s Versus 1. The State Of Bihar 2. Niyamati Devi, Wife Of Umesh Charan Singh Resident Of VillageDurga Bari, P.S.- Routa, District- Purnea .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kr. Roy, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3 20-10-2014 The Petitioner seeks quashing of the order dated 17.1.2013 passed by the Chief Judicial Magistrate, Purnea in Routa P.S. case No.39 of 1995, by which he has taken cognizance after differing with the final report.
Considering that it is well within the power of the Magistrate to do so, I am not inclined to interfere in the matter. The application is dismissed. The Magistrate is directed to expedite the proceedings in view of the fact that the case is of the year 1995 and already much delay has occasioned.
(Anjana Prakash, J)
Narendra/-
U T
1 issue framed by the court
Whether the High Court should interfere with the Chief Judicial Magistrate's decision to take cognizance after differing from the final report.
Sonu Lal Singh
The State Of Bihar
Niyamati Devi
Anjana Prakash
As recorded by the court registry
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