Single Judge of the Patna High Court declined to quash the order of cognizance due to disputed questions of facts. The stay granted on the trial was vacated, and the trial court was directed to conclude the trial within nine months.
The application for quashing the order of cognizance was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.920 of 2014
Arising Out of PS.Case No. -107 Year- 2012 Thana -SHUBHGANJ District- BANKA
====================================================== 1. Jay Kant Singh, son of Gauri Shankar Singh, resident of village-Pipra, P.S.-Bath, District-Bhagalpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 05-08-2014 Heard. The Petitioner seeks quashing of the order of cognizance dated 20.03.2013 passed by the Sub-Divisional Judicial Magistrate, Banka, in Shambhuganj P.S. Case No.107 of 2012.
Since the Petitioner seeks quashing on disputed question of facts which cannot be gone into at this stage, I am not inclined to interfere in the matter.
The application is dismissed .
Stay granted vide order dated 13.01.2014 is hereby
vacated.
The Trial Court is directed to expedite the trial and conclude it within a period of nine month from the date of receipt of a copy of this order without granting unnecessary adjournment to any party for which the Trial Court will send a list of the witnesses fixing specific dates for their examination along with a
Patna High Court Cr.Misc. No.920 of 2014 (3) dt.05-08-2014
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copy of this order to the concerned Superintendent of Police, who is directed to ensure the attendance of the witnesses on the date fixed so that there is no further delay in the trial.
JA/-
U T
(Anjana Prakash, J)
1 issue framed by the court
Whether the High Court can interfere in the quashing of the order of cognizance in a case involving disputed questions of facts
Jay Kant Singh
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
