Narmdeshwar Panday vs State Of Bihar & Anr on 5 January, 2018

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Patna High Court - Orders

Narmdeshwar Panday vs State Of Bihar & Anr on 5 January, 2018

Bench: Ashwani Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.36020 of 2015
                   Arising Out of PS.Case No. -354 Year- 1985 Thana -SAHARSA COM PLAINT CASE District-
                                                           SAHARSA
                 ======================================================
                 1. Narmdeshwar Panday Son of Late Satya Narayan Pandey resident of
                 village - Pandey Patti, P.S. Buxar Muffasil, at Pandey Patti, District - Buxar

                                                                                .... ....   Petitioner/s
                                                     Versus
                 1. The State of Bihar
                 2. Raghunandan Yadav Son of Bangali Yadav                    resident of village -
                 Haripur, P.S. Salakhua, District - Saharsa

                                                              .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Manohar Prasad Singh, Adv.
                 For the Opposite Party/s  : Mr. A.M.P.Mehta(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                 ORAL ORDER

2   05-01-2018

Heard learned counsel for the petitioner and learned counsel for the State.

This application under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') has been filed by the petitioner for quashing the order dated 14.05.2015 passed by the learned Additional Sessions Judge-II, Saharsa in Sessions Trial No. 98 of 2007 arising out of Complaint Case No. 354C of 1985 by which the petition for discharge filed by the petitioner under Section 227 of the Cr.P.C. has been dismissed as not pressed.

It is submitted by the learned counsel for the petitioner that the petitioner had unwillingly not pressed the application filed under Section 227 of the Cr.P.C. before the court below. Patna High Court Cr.M isc. No.36020 of 2015 (2) dt.05-01-2018 2/2

The plea taken by the petitioner cannot be accepted. The petitioner had earlier challenged the order of cognizance in revision before the court of Sessions, which was dismissed whereafter he filed an application under Section 482 of the Cr.P.C. before this Court, which was dismissed as withdrawn. At the stage of framing of charge, he filed an application under Section 227 of the Cr.P.C. before the court below.

Perusal of the impugned order dated 14.05.2015 would make it manifest that the petitioner made a request before the court below that he does not intend to press the application and, thus, the application filed under Section 227 of the Cr.P.C. was dismissed for want of prosecution and charges were framed against him way back in the month of May, 2015.

I see no merit in this application. It is accordingly dismissed.

(Ashwani Kumar Singh, J) Pradeep/-

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Patna High Court - Orders