Patna High Court
Dr. Md. Azhar Hassan vs The State Of Bihar on 2 February, 2017
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32448 of 2013
Arising Out of PS.Case No. -169 Year- 2009 Thana -PIRBAHOR District- PATNA
===========================================================
Dr. Azhar Hassan, S/o Md. Noor Hasan, Resident of Nilam Chauk, Pani Tanki
Road, Police Station- Kotwali, District- Monghyr (Munger), At Present Residing
And Practicing At Canal Road, Dehri, District Rohtas.
.... .... Petitioner
Versus
The State Of Bihar
.... .... Opposite Party
===========================================================
Appearance :
For the Petitioner : Mr. Saurabh Kumar, Advocate
For the Opposite Party : Mr. Madan Kumar (APP)
===========================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date: 02-02-2017
This application has been filed for quashing the order
dated 21.11.2009 passed by learned Chief Judicial Magistrate, Patna
in Pirbahore P.S. Case No. 169 of 2009 whereby the court below
found prima-facie case against the petitioner and other accused
persons for the offence under Sections 341 and 323/34 of Indian Penal
Code.
It has been submitted by the counsel for the petitioner
that he is not named in the First Information Report. In the entire case,
there is no murmuring of his name by any of the witnesses. The police
has submitted charge sheet against the petitioner merely stating that
he learnt about the name of the petitioner from one Guptchar. He has
further submitted that the case is pending in the lower court since
2009. The substance of accusation was explained to the accused on
Patna High Court Cr.Misc. No.32448 of 2013 dt.02-02-2017
2/3
17.01.2014for offence under Sections 341, 323/34 of the Indian Penal Code. Thereafter, not a single witness has been examined.
The learned counsel for the petitioner has relied upon a decision of the Hon'ble Supreme Court in the matter of Kadra Pahariya & ors vrs. State of Bihar & ors., reported in 1991 (2) PLJR (SC) 85, wherein the reference was made about the affidavit filed by the State Government in the Supreme Court for withdrawal of those cases which do not warrant punishment for more than five years and which are pending in different courts for five years or more and which do not involve any public policy.
Learned APP has submitted that court below has taken cognizance after looking into the case diary.
Perused the impugned order as well as the written report and the material available in the case diary.
Lower court record has also been called for which has been received.
The petitioner is not named in the written report. The written report has been filed against unknown alleging that some altercation took place in PMCH during treatment of the patient. In the case diary, none of the witness disclosed the name of this petitioner about his involvement in the aforesaid occurrence. The police has mentioned in para-22 of the case diary that one of the "Guptchars" has disclosed the name of this petitioner being involved in the occurrence Patna High Court Cr.Misc. No.32448 of 2013 dt.02-02-2017 3/3 and only on aforesaid material, the police submitted charge sheet against the petitioner for the offence under Sections 341, 323/34 of Indian Penal Code.
From perusal of the lower court record it appears that the case is pending since 2009. The substance of accusation was explained to the accused on 17.01.2014. Thereafter, not a single witness has turned up in the court. In such circumstances, on the basis of materials available on the record and the discussions made above, this Court finds that continuance of the criminal proceeding against the petitioner will be mere harassment to him. Accordingly, the order of cognizance dated 21.11.2009 along with entire proceeding of Pirbahore P.S. Case No. 169 of 2009, with regard to petitioner is hereby quashed.
The application stands allowed.
(Sanjay Priya, J.) ravi/-
U T