The Patna High Court dismissed an application filed under Section 482 Cr.P.C. seeking quashing of the refusal to discharge the petitioner, finding no patent illegality. The court directed the trial court to conclude the trial positively within six months and directed the Superintendent of Police to ensure witness attendance.
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.18634 of 2014
Arising Out of PS.Case No. -1627 Year- 2011 District- GOPALGANJ ====================================================== 1. Sandeep Mishra S/o Dr. Banshidhar Mishra At Dargah Road (Gosh More) Police Station Gopalganj, District Gopalganj. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Prashant Kumar Ray S/o Late Ramayan Ray, Resident of Village Kaithwalia near Biscomaun Godown, Ward No. 7, Police Station Gopalganj, District Gopalganj. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 07-08-2014 Supplementary Affidavit filed today on behalf of the Petitioner be kept on the record. The Petitioner seeks quashing of the order dated 26.3.2014 passed by the Adhoc Additional District and Sessions Judge II, Gopalganj in Criminal Revision No.675 of 2012, by which he has affirmed the order dated 31.10.2012 passed by the Judicial Magistrate, 1st class, Gopalganj in Complaint case No.1627 of 2011 (Trial No.3577 of 2012), by which he has refused to discharge the Petitioner. Considering that this is a second revision in the garb of an application under Section 482 Cr.P.C. and no patent illegality could be pointed out, I am not inclined to interfere in the matter. The application is dismissed.
The Trial Court is directed to conclude the trial
Patna High Court Cr.Misc. No.18634 of 2014 (2) dt.07-08-2014
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positively within a period of six months without giving unnecessary adjournments to any party, for this reason he shall send a list of the witnesses fixing specific dates for each witness for their examination along with a copy of this order to the S.P., Gopalganj, who is directed to ensure the attendance of the witnesses on the date fixed by the Trial Court so that there is no further delay in the trial.
(Anjana Prakash, J)
Narendra/-
U T
2 issues framed by the court
Whether the impugned order refusing discharge of the petitioner warrants interference under Section 482 Cr.P.C.
Whether the trial in the underlying complaint case should be expedited by the lower court.
1 provisions across 1 enactments
Sandeep Mishra
The State of Bihar
Prashant Kumar Ray
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
