Petitioner challenged the court's action regarding accused persons' non-appearance despite summons. High Court held application was misconceived as summons non-service was unproven and Magistrate has powers to compel presence.
Application dismissed as it was totally misconceived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1328 of 2019
Arising Out of PS. Case No.-2527 Year-2015 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran
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Ram Chandra Sah @ Chandr Sah, S/o Late Devki Sah, R/o village- Vishunpur Matiarwa, P.S.- Paharpur, District- East Champaran
... ... Petitioner
... ... Respondents
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Appearance :
For the Petitioner : None For the Respondent-State: Md. Khurshid Alam, AAG-12
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 23-09-2019
No one appears for the petitioner.
of the Constitution of India.
Patna High Court CR. WJC No.1328 of 2019 dt.23-09-2019 2/3
Patna High Court CR. WJC No.1328 of 2019 dt.23-09-2019 3/3
(Ashwani Kumar Singh, J.)
Sanjeet/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 25.09.2019 |
| Transmission Date | 25.09.2019 |
1 issue framed by the court
Whether the writ application seeking directions for summoning accused persons has any merit given the court's power to compel appearance.
Ram Chandra Sah @ Chandr Sah
The State of Bihar through the Collector of East Champaran at Motihari
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
