Criminal Miscellaneous petition seeking to quash proceedings was dismissed as the petitioner, an absconder, failed to appear. The Court directed surrender and reserved substantive submissions for the lower court upon appearance.
Petitioner directed to surrender in the court below; points to be raised subsequently.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4896 of 2016
Arising Out of PS.Case No. -64 Year- 1988 Thana -BIHTA District- PATNA
====================================================== 1. Ram Murari Singh @ Ram Murari Sharma son of Late Ramashray Singh, permanent resident of village- Makhdumpur, P.S.- Bihta, District- Patna, presently residing at 41 P.N. Ghosh Road, Howrah, West Bengal
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Narayansingh For the Opposite Party/s : Mr. (Dr.) Rabindra Kumar(App)
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
State.
The present petition has been filed for quashing the entire proceeding against the petitioner pending before learned Additional District & Sessions Judge Vth, Danapur, Patna in S.T. NO. 877(A) of 1988/ 498 of 2015, arising out of Bihta P.S. Case No. 64/1988 on the ground that several irregularities have been committed by the court below.
Xerox copy of order-sheet has been enclosed with this petition. From perusal of order-sheet, it appears that petitioner did not appear before the court below. Charge-sheet has been submitted against the petitioner showing him absconder. After submission of charge-sheet, the petitioner did not appear before
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the court below then he was declared absconder and his case was separated and committed to the court of Sessions. Still the petitioner is not appearing before the court below.
Learned counsel for the petitioner has submitted that the petitioner was juvenile at the time of lodging of the case, i.e. Bihta P.S. Case No. 64/1988.
This Court is of the view that all the submissions made on behalf of petitioner can be considered by the court below only after appearance of the petitioner in court.
Accordingly, this quashing petition is dismissed.
The petitioner is directed to surrender in the court below and raise all the points, which shall be considered by the court below in accordance with law without being prejudiced by this order.
(Sanjay Priya, J.)
Rakhi
U T
1 issue framed by the court
Whether a quashing petition can be considered in the absence of the accused who is an absconder.
3 provisions across 3 enactments
Ram Murari Singh @ Ram Murari Sharma
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
