The High Court of Patna dismissed a criminal revision petition challenging the transfer of police case records to the same court where a Sessions Trial, involving the same parties as counter cases, was already pending. The court found no illegality in the order.
The criminal revision petition challenging the transfer of case records is dismissed.
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Patna High Court CR. REV. No.734 of 2016 (4) dt.14-05-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.734 of 2016
====================================================== Ram Chandra Sah, son of Late Ram Adhikari Sah, resident of village Akdara, P.S.-Bibhutipur, District-Samastipur.
.... .... Petitioner/s
Versus
(1) State of Bihar
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy For the Respondent/s : Mr. Sri Umeshnand Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
4 14-05-2018 By the impugned order, the records of Bibhutipur P.S. No.148 of 2012 in which the petitioner is an accused has been transferred in the same Court where Sessions Trial No.117 of 2016 arising out of Bibhupatipur P.S. Case No.149 of 2012 is pending for adjudication in which the petitioner is the informant.
The aforesaid order has been passed on the ground of the two cases referred above being in the nature of a case and counter case and therefore, both the cases ought be decided by the same Court.
This Court does not find any illegality in the impugned order
which is in consonance with the practice and law in this regard.
Accordingly, this revision petition is dismissed.
Sanjeev/-
(Ashutosh Kumar, J)
U
1 issue framed by the court
Whether transfer of records of a case where the petitioner is an accused to the same court pending as Sessions Trial where he is the informant, if the cases are treated as counter cases, is legal.
Ram Chandra Sah
State of Bihar
Vandana Devi
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
