A single-paragraph order wherein Patna High Court declined to interfere with a remand order, directing the Magistrate to conclude proceedings positively within four months.
Application disposed; direction to Magistrate to conclude proceedings within four months.
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Patna High Court CR. REV. No.670 of 2013 dt.03-08-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No. 670 of 2013
Arising out of P.S. Case No. -null Year- null Thana -null DistrictNALANDA (BIHARSHARIFF)
======================================================== Anjali Devi W/o Manoj Kumar @ Sanjay @ Boby Resident of MohallaKhandakpar, Devi Asthan, P.S.- Biharsharif, District- Nalanda.
.... .... Petitioner/s Versus 1. The State of Bihar. 2. The Sub-Divisional Magistrate, Nalanda at Biharsharif. 3. The District Education Officer, Nalanda at Biharsharif. 4. The Circle Officer, Nalanda at Biharsharif. 5. Headmaster, Middle School, Khandakpar, Biharsharif, Father's Name not Known to the Petitioner. .... .... Respondent/s ======================================================== Appearance :
For the Petitioner/s : Mr. Lakshmi Kant Sharma, Adv. For the Respondent/s : Mr. Rajesh Kumar, Adv.
======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 03-08-2015
The Petitioner seeks revision of the order dated 30.03.2013 passed by the Ad hoc Additional Sessions JudgeIII, Nalanda at Biharsharif in Cr. Rev. No. 61 of 2010 by which he has remanded Case No. 24(M.P.)/2006 under Section 147 Cr.P.C. for fresh adjudication to the Magistrate concerned.
Since it is only an order of remand, I am not inclined to interfere in the matter. The Application is disposed off with a direction to the Magistrate concerned to conclude the proceeding positively within a period of four months from the date of receipt of this order without granting unnecessary adjournment to any party and without being prejudiced by any observations of the Revisional Court.
With the aforesaid observations, the Application stands disposed off.
(Anjana Prakash, J.) Vikash/- U T
2 issues framed by the court
Whether the High Court should interfere with an order of remand to a Magistrate for fresh adjudication.
Whether the Magistrate should conclude proceedings within a specified period.
Anjali Devi
The State of Bihar
The Sub-Divisional Magistrate, Nalanda
The District Education Officer, Nalanda
The Circle Officer, Nalanda
Headmaster, Middle School, Khandakpar
Anjana Prakash
As recorded by the court registry
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