Dismissed

Shiv Kumar Singh v. the State of Bihar and Ors.

Patna HC29 Apr 2014CR. MISC./31202/2011

Case brief

AI extract

What is this about?

In a criminal miscellaneous application, the High Court of Judicature at Patna dismissed the petitioner's prayer to quash an order rejecting his petitions for summoning documents. The Court held that since the case was fixed for argument and the petitions lacked Public Prosecutor support, no positive order could be passed. It directed the lower court for early disposal.

What did the court decide?

Petition dismissed; directed the court below to take appropriate steps for early disposal of the case.

Shiv Kumar Singh Vs the State of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 31202 of 2011

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=================================================== Shiv Kumar Singh son of Late Rajendra Singh Resident of Village Balba Kuari, P.S. Hajipur Sadar, District Vaishali. .... .... Petitioner Versus 1. The State of Bihar. 2. Sanjay Kumar Singh son of Ram Kumar Singh Resident of Village Balba Kuari, P.S. Hajipur Sadar, District Vaishali. .... .... Opposite Parties =================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Uday Pratap Singh, APP =================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 6. 29-04-2014 Heard learned counsel for the petitioner and Sri Uday Pratap Singh, learned Addl. Public Prosecutor.

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In the present petition, the petitioner, who is one of the witnesses in Sessions Trial No. 404 of 2009, has prayed for quashing of an order dated 13-07-2011, whereby, the learned District & Sessions Judge, Vaishali (in short “Sessions Judge”) has rejected two petitions filed by the petitioner, who was examined as P.W.6 and nephew of deceased. In two petitions, the petitioner had prayed for summoning an informatory petition dated 07-11-2006 as well as complaint petition no. 251 of 2007, Tr. No. 2480 of 2010. In first petition an informatory petition was to be summoned from the court of Chief Judicial Magistrate,

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Patna High Court Cr.Misc. No.31202 of 2011 (6) dt.29-04-2014

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Hajipur and second petition was to summon Complaint Petition No. 251 of 2007, T.R. No. 2480/10 from the court of Judicial Magistrate 1^st Class, Hajipur. On perusal of the impugned order, it appears that petitions filed by the witness i.e. P.W.6 was not endorsed by the Public Prosecutor nor Public Prosecutor had supported the claim of the petitioner. The learned Sessions Judge has also noticed that those documents were not having much relevance. The case was on the verge of conclusion.

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In this case, a report has been called for from the court below regarding stage, which has been received and kept at flag „ A ‟. The report dated 10^th April, 2014 makes it clear that after rejection of petition, filed by the petitioner, by order dated 13-07-2011, a prayer was made before the court below to stay the proceeding. Thereafter statement of accused under Section 313 of the Cr.P.C. was also recorded. Defence evidence subsequently closed and the case was fixed for argument. Even thereafter, one another petition has been filed by the prosecution under Section 311 of the Cr.P.C. and matter is pending before the court below.

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Keeping in view the fact that the petitions were not supported by the Public Prosecutor as well as the fact

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Patna High Court Cr.Misc. No.31202 of 2011 (6) dt.29-04-2014

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that the case is fixed for argument, it would not be appropriate to pass any positive order in favour of petitioner.

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The petition stands dismissed.

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The court below may take appropriate step for early disposal of the case.

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Anay

Shiv Kumar Singh v. the State of Bihar and Ors.

Case brief

What is this about?

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Shiv Kumar Singh v. the State of Bihar and Ors.

Case brief

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What did the court decide?

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