Oral order dismissing a criminal miscellaneous application filed by a criminal petitioner. The hold court rejected the attempt to force prosecution witnesses into the box, qukey the application as frivolous and ordered the trial court to expedite proceedings.
Application dismissed; directions to the trial court to expedite the trial proceedings.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25139 of 2021
Arising Out of PS. Case No.-257 Year-2008 Thana- SIWAN MUFFASIL District- Siwan
======================================================
TRIBHUWAN TIWARI Son of Muktinath Tiwari Resident of Village - Gandhuchapar, P.S.- Mairwah, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Priyanka Singh For the Opposite Party/s : Mr. Md. Aslam Ansari ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
The petitioner cannot force the prosecution to examine a particular witness. If charge-sheeted witness is not examined, the petitioner may be benefited by that. It seems that the petitioner is trying to delay the trial by filing frivolous applications.
Accordingly, this application is dismissed with direction to the trial Court to expedite the trial.
(Sandeep Kumar, J)
Guddu/-
U T
3 issues framed by the court
Whether the petitioner can compel the prosecution to examine a specific witness.
Whether the petitioner's application is frivolous and intended to delay the trial.
What direction should be given to the trial court regarding the expedition of the trial.
Tribhuvan Tiwari
State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
