Dismissed

Surendra Kumar Chaudhary and Ors. v. State Of Bihar and Anr.

Patna HC2 Aug 2017CR. MISC./30565/2014

Case brief

AI extract

What is this about?

The Patna High Court dismissed two quashing petitions under Section 482 CrPC arising from PS Case No. 53. The Court held that granting relief was inappropriate as the trial court had already framed charges and the trial was progressing, despite delays.

What did the court decide?

Both quashing applications are dismissed. The trial court is directed to expedite the trial.

Surendra Kumar Chaudhary and Ors. Vs State Of Bihar and Anr. — Quashing and FIR | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No 30565 of 2014

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Arising Out of PS.Case No. -53 Year- 2012 Thana -CHATOUNI District-

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EASTCHAMPARAN(MOTIHARI)

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===========================================================

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Surendra Kumar Chaudhary Son of Late Ganga Prasad Chaudhary

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Urmila Chaudhary Wife of Surendra Kumar Chaudhary Residents of Mohalla - Chhautani Near Mahavir Petrol Pump, P.S.- Chhatauni, District - East Champaran (Motihari)

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Pallawi Gupta Wife of Mukesh Kumar Gupta

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Mukesh Kumar Gupta Son of Tribhuwan Prasad Both Residents of Mohalla - Gola Bazar, Sonepur, P.S.- Sonepur, District -Saran (Chapra)

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Ruchi Chaudhary Daughter of Dinanath Bhagat Wife of Pawan Puneet Chaudhary Resident of Virat Nagar, P.S.- Virat Nagar, District - Morang Nepal presently residing at Abhimanyu Complex, Gaja Gaddi Chowk, P.S.- Town District - Motihari

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.... .... Opposite Party/s

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WITH

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Criminal Miscellaneous No 33671 of 2014

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Arising Out of PS.Case No. -53 Year- 2012 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI)

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=========================================================== 1. Pawan Punit Chaudhary @ Jeetu Son of Surendra Kumar Chaudhary Residentof Mohalla Chhatauni, Near Mahavir Petrol Pump, P.S. - Chhatauni, District- East Champaran (Motihari).

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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Ruchi Chaudhary Daughter of Dinanath Bhagat, Wife of Pawan Puneet Chaudhary, Resident of Virat Nagar, P.S. - Virat Nagar, District - Morang Nepal, Presently residing at Abhimanyu Compelx, Gaja Gaddi Chowk, P.S. - Town, District - Motihari.

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.... .... Opposite Party/s

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=========================================================== For the Petitioner/s : M/s Sandeep Kr & Rana Vikram Singh, Advocates For the S t a t e : Mr Jharkhandi Upadhyay, APP

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=========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

Date: 02-08-2017

State.

Heard counsel for the petitioners and learned APP for the

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Patna High Court Cr.Misc. No.30565 of 2014 dt.02-08-2017

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2/2

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2 Earlier when the matter was taken up, time was granted to the petitioners to ascertain the current stage of the proceedings before the trial Court. Today, counsel for the petitioners has informed that the trial has proceeded and charges have already been framed and now the matter is likely to proceed for evidence. He further submits that although the charges have been framed six months back but there has been no progress in the trial during this period.

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3 In view of the development subsequent to filing of the instant quashing petitions, this Court is not inclined to grant any relief in the applications filed under Section 482 of Criminal Procedure Code against the order taking cognizance and proceeding arising therefrom.

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4 In view of the aforesaid, both these applications are

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dismissed.

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5 However, it is needless to say that the trial Court will make endeavours to expedite the trial without being prejudiced by rejection of the quashing applications by this Court.

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(Madhuresh Prasad, J)

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M.E.H. /-

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AFR/NAFR	NAFR
CAVDATE	NA
UploadingDate	04.08.2017
Transmission Date	04.08.2017

Surendra Kumar Chaudhary and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

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Surendra Kumar Chaudhary and Ors. v. State Of Bihar and Anr.

Case brief

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