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Patna High Court - Orders

Annu Devi vs The State Of Bihar Through Its Chief ... on 8 January, 2024

Author: Rajeev Ranjan Prasad

Bench: Rajeev Ranjan Prasad

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Writ Jurisdiction Case No.71 of 2023
                       Arising Out of PS. Case No.-224 Year-2011 Thana- MASHRAK District- Saran
                 ======================================================
                 Annu Devi and Another

                                                                                ... ... Petitioners
                                                     Versus
                 The State of Bihar through its Chief Secretary, Govt. of Bihar and Others
                                                                             ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Amit Narayan, Advocate
                 For the State           :        Mr. P.N. Sharma, AC to AG
                 For the Private Resp    :        Mr. Bipin Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

4   08-01-2024

This Court has been informed that an application under Section 407 CrPC has been filed by the petitioner in connection with this case and the same has been registered vide Token No. 98687 of 2023.

This Court has further been informed that the case is in the roster of this Court. Hence, let this case be listed along with the application under Section 407 CrPC registered vide Token No. 98687 of 2023 on 12th January, 2024 under the same heading within top ten cases.

In the meantime, the defects, if any, in the application under Section 407 CrPC shall be removed by learned counsel for the petitioners.

In course of hearing today Mr. P.N. Sharma, learned AC to AG for the State has informed that a Spl.P.P. has already Patna High Court CR. WJC No.71 of 2023(4) dt.08-01-2024 2/2 been appointed in this case. One Jitendra Kumar Singh, Advocate who is Additional Public Prosecutor at Saran, Chapra shall be the Spl.P.P. Learned counsel for the petitioners has, however, raised strong objection over the manner in which the Spl.P.P. has been appointed. Learned counsel submits that the affidavit filed on behalf of the State does not disclose the credentials of Shri Jitendra Kumar Singh, Additional Public Prosecutor, his experience in dealing with such serious trials and further, he has information that the consent of learned Advocate General has not been obtained and thereby his office has been by-passed by the State.

Let both the matters be listed accordingly.

(Rajeev Ranjan Prasad, J) SUSHMA2/-

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