High CourtsSingle Bench(2010) 11 PAT CK 0115

Kailash Singh and Tuntun Singh vs The State of Bihar and Chandrika Prasad Singh

Patna High Court · Decided on 9 November 2010

HON’BLE JUDGES
Rakesh Kumar, J
CASE NUMBER
Criminal Miscellaneous No. 33085 of 2007

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Judgment

6 paragraphs · 216 words

Rakesh Kumar, J.—Today again, on call, none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. Shri Mahesh Prasad No. 2, learned Counsel appearing on behalf of opposite party No. 2 is present.

2.

In absence of learned Counsel for the petitioners, I have heard Shri Mahesh Prasad No. 2, learned Counsel for opposite party No. 2 as well as Shri A.M.P. Mehta, learned Additional Public Prosecutor for the State.

3.

Two petitioners, while invoking inherent jurisdiction of this Court u/s 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 4.6.2007 passed by learned Additional District and Sessions Judge, F.T.C.I, Hajipur in Sessions Trial No. 298 of 2006 arising out of Goraul P.S. Case No. 33 of 2005. By the said order, learned trial Judge, by assigning a detailed reason, has rejected the petition for discharge filed on behalf of the petitioners.

4.

I have perused the impugned order. I do not find any defect in the order. There is no merit in the present petition and petition stands rejected.

5.

In view of rejection of this petition, interim order of stay dated 19.9.2007 stands automatically vacated.

6.

Let a copy of this order be sent to the court below forthwith.