This order restores a dismissed Criminal Miscellaneous petition regarding a criminal trial, granting petitioners liberty to file a fresh Section 482 petition if a charge is framed, without prejudice to the earlier dismissal.
Petitions restored with liberty to file a fresh petition under Section 482 Cr. P.C. if charge is framed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29124 of 2015
In
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. S.D. Singh Yadav (APP)
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
The present application has been filed on behalf of the petitioners for restoration of Cr. Misc. No. 44483 of 2012 which stood dismissed by an order dated 19.05.2015.
The aforesaid Cr. Misc. No. 44483 of 2012 was filed on behalf of the petitioners against the order dated 27.08.2012 passed in Alauli P.S. Case No. 116 of 2012/ G.R. No. 1299 of 2012, whereby cognizance was taken against the petitioners and summons were issued against them for facing trial.
The learned counsel appearing on behalf of the petitioners has filed a supplementary affidavit bringing on record the order sheet of the aforesaid criminal case in the light of the earlier order passed by this Court. The learned Additional Public Prosecutor appearing on behalf of the State by looking into the aforesaid order sheet submits that there has been some progress in
Patna High Court Cr.Misc. No.29124 of 2015 (3) dt.16-12-2015
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the aforesaid criminal case and more than three years have already passed since the date of taking cognizance.
Taking into consideration the entire facts of the present case, the present application is disposed of with a liberty to the petitioners to file a fresh petition under Section 482 Cr. P.C. if charge is framed against them in the aforesaid criminal case.
If such a petition is filed on behalf of the petitioners, then the same shall be decided on its own merit without being prejudiced by dismissal of aforesaid Cr. Misc. No. 44483 of 2012 by the aforesaid order dated 19.05.2015.
The present application stands finally disposed of with the observations and directions made above.
(Birendra Prasad Verma, J)
BTiwary/-
U T
2 issues framed by the court
Whether the present application for restoration of the erstwhile Criminal Miscellaneous petition needs to be disposed of on merits or allowed with liberty.
Whether the petitioners can be granted liberty to file a fresh petition under Section 482 Cr. P.C. if charge is framed.
1 provisions across 1 enactments
KARTIK SINGH
TRIBHUBAN SINGH
TRILOCHAN SINGH
THE STATE OF BIHAR
SATYA NARAYAN MAHTO
BIRENDRA PRASAD VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
