The Patna High Court dismissed a criminal miscellaneous application seeking to quash a cognizance order. The Court held that framing a charge under Section 307 IPC caused no prejudice and directed the trial court to expedite proceedings.
The criminal miscellaneous application was dismissed and the trial court was directed to expedite the trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 32578 of 2015
Arising out of P.S. Case No. -343 Year- 2009 Thana - HAJIPUR SADAR District- VAISHALI(HAJIPUR)
======================================================== Sonu Kumar, Son of Sudhir Kumar, Resident of Mohalla-Dighi Kala, P.S.-Hajipur Sadar, District-Vaishali.
.... .... Petitioner/s
Versus
======================================================== Appearance : For the Petitioner/s : Mr. Jagjit Roshan, Adv. For the Opposite Party/s : Mr. Ashok Kumar, APP.
======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT
Date: 20-07-2015
The Petitioner seeks quashing of the order of cognizance dated 17.04.2015 passed by the 1st Asstt. Sessions Judge, Vaishali at Hajipur in Hajipur Sadar P.S. Case No. 343 of 2009 (S.Tr. No. 286 of 2014).
Considering that even though charge under Section 307 IPC is made out no prejudice would be caused to the Petitioner and the same can be amended at any stage, I am not inclined to interfere in the matter.
The application stands dismissed.
The Trial Court is directed to expedite the trial and conclude the same without granting unnecessary adjournment to any party and for which reason he is directed to send a list of the witnesses fixing specific
Patna High Court Cr.Misc. No.32578 of 2015 dt.20-07-2015
2
dates for production of the witnesses along with a copy of this order, to the Superintendent of Police, Vaishali at Hajipur, and the Superintendent of Police, Vaishali at Hajipur is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial.
Vikash/-
U T
(Anjana Prakash, J.)
2 issues framed by the court
Whether the High Court can interfere in a pending trial where a charge was framed.
Whether the cognizance order should be quashed.
Sonu Kumar
The State of Bihar
Sanjay Kumar Dixit
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
