Petitioners sought quashing of criminal proceedings challenging facts, which the High Court held was not maintainable at this stage. The application was rejected, and the trial court was directed to conclude the trial within six months.
Application rejected; trial court directed to conclude trial within six months.
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Patna High Court Cr.Misc. No.16927 of 2013 dt.09-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16927 of 2013
Arising Out of PS.Case No. -1738 Year- 2007 Thana -GAYA COMPLAINT CASE District- GAYA
.... .... Petitioner/s Versus 1. State of Bihar. 2. Jai Ram Prasad S/o Late Nanhak Sao/ .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT
Date: 09-05-2016
The petitioners seek quashing of the entire proceedings of Complaint Case No. 1738 of 2007 pending before Chief Judicial Magistrate, Gaya including the order of cognizance dated 30.04.2010 passed by the Judicial Magistrate, 1st Class, Gaya.
Considering that the petitioners seek quashing on questions of fact which cannot be gone into at this stage, the application is rejected. The trial Court is directed to conclude the trial positively, within a period of six months from date of receipt of a copy of this order without granting any unnecessary adjournment to any party in which both the parties shall cooperate.
(Anjana Prakash, J)
| Prakash/- | |
|---|---|
| AFR/NAFR | NAFR |
| CAV DATE | NA |
| UploadingDate | 12.05.2016 |
| Transmission Date | 12.05.2016 |
2 issues framed by the court
Whether the High Court can quash criminal proceedings when the petition relies on questions of fact not suitable for preliminary determination.
Whether to grant relief to the petitioners seeking quashing of the complaint case and order of cognizance.
Lakhan Prasad Gupta @ Lakhan Lal Gupta and Others
State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
