Criminal Miscellaneous petition seeking quashing of an impugned order framing charge under Section 409 IPC. The court, being inclined only to factual questions, dismissed the quashing plea but directed the trial court to conclude the trial within nine months.
Quashing plea dismissed; trial concluded within nine months; witness attendance ensured by SP.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6006 of 2014
| Arising Out of PS.Case No. -43 Year- 2004 Thana -ARWAL District- JEHANABAD ====================================================== 1. Anita Kumari D/O Late Ram Gati Prasad, R/O Village Sakari Gali Ghat, P.S. Taldhari, District Sahebganj .... .... Petitioner/s Versus 1. The State Of Bihar 2. Lachhuman Ram son of Late Ram Das Ram, resident of village Gaddopur, P.S. Karpi, District Arwal .... .... Opposite Party/s ====================================================== |
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER |
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| 3 | 19-08-2014 The Petitioner seeks quashing of the order dated |
| 9.2.2011 passed by the Judicial Magistrate, 1stclass, Jehanabad in | |
| G.R. No.812 of 2004 (Trial No.608 of 2013), by which he has | |
| framed charge under Section 409 I.P.C. against the Petitioner. | |
| Considering that the Petitioner seeks quashing on | |
| questions of fact which cannot be gone into at this stage, I am not inclined to interfere in the matter. |
The application is disposed of with a direction to the Trial Court to conclude the trial positively within a period of nine months from the date of receipt of this order without granting unnecessary adjournments to any party.
For this reason, the Trial Court 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., Jehanabad,
Patna High Court Cr.Misc. No.6006 of 2014 (3) dt.19-08-2014
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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 petition for quashing of framing of charge under Section 409 IPC can be granted on questions of fact.
Whether the trial court is directed to conclude the trial within a specified period.
Anita Kumari
The State Of Bihar
Lachhuman Ram
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
