The Criminal Miscellaneous Petition arose in a PS case where the complainant failed to produce witnesses by the fixed date. The court directed the lower court to pass a final order for this failure and disposed of the petition.
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Patna High Court Cr.Misc. No.2132 of 2016 (05) dt.04-10-2018
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2132 of 2016
Arising Out of PS.Case No. -1150 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA
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.... .... Petitioner/s Versus
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan Prasad-Advocate For the Opposite Party/s : Mr. B.N. Pandey-A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
08 04-10-2018 In pursuance of order dated 12.09.2018, photo copy of order sheet has been made available at the end of the learned lower Court wherefrom, it is apparent that after 18.05.2016, the case having fixed for evidence before charge, complainant/ O.P. No.2 failed to adduce evidence. It is further evident that on 19.07.2017, there was direction of the learned lower Court that in case, witness is not being produced, then in that circumstance, necessary order will follow even then, no positive order has been passed.
Directing the learned lower Court to take proper step
Patna High Court Cr.Misc. No.2132 of 2016 (05) dt.04-10-2018
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in accordance with law, in case of failure at the end of the complainant to produce witnesses, this petition is disposed of in terms thereof.
(Aditya Kumar Trivedi, J)
Vikash/-
U T
Krishnadeo Prasad
Kameshwari Devi
Anita Bharti
The State of Bihar
Pranay Kumar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
