The High Court dismissed a petition seeking quashing of an order refusing discharge. The court observed discharge is a factual question and refused to interfere, also directing expeditious trial completion.
Application dismissed; trial court directed to conclude trial with witness schedule.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20457 of 2014
Arising Out of PS.Case No. -468 Year- 1998 Thana -HAJIPUR District- VAISHALI(HAJIPUR)
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Versus
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
2 07-08-2014
The Petitioner seeks quashing of the order dated 28.3.2014 passed by the Adhoc Additional Sessions Judge 1st Vaishali at Hajipur in Sessions Trial No.289 of 2004, by which he has refused to discharge the Petitioner.
Considering that the Petitioner seeks discharge on disputed questions of fact which cannot be looked into at this stage, I am not inclined to interfere in the matter.
The application is dismissed.
The Trial Court is directed to conclude the trial without giving unnecessary adjournments to any party. He shall also 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., Vaishali at Hajipur, 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
1 issue framed by the court
Whether the dismissal of a quashing petition where discharge rests on disputed questions of fact warrants appellate interference.
Ar. Rajeev Ranjan Choudhary @ Rajeev Choudhary
The State of Bihar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
