Patna High Court - Orders
Barmeshwar Rai @ Brahmeshwar Rai vs The State Of Bihar & Anr on 2 April, 2010
Author: Dharnidhar Jha
Bench: Dharnidhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1672 of 2009
BARMESHWAR RAI @ BRAHMESHWAR RAI
Versus
THE STATE OF BIHAR & ANR
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2. 2.4.2010. Heard.
The court is not inclined to straightway quash the order taking cognizance passed on 10.5.2006 but wants to issue some directions to the lower court.
It is contended that for the same
offence Bihiya P.S.Case No.99 of 2001 was
intiated by the D.E.O.,Bhojpur and that case has been found false. It is contended that after the submission of the final report the headmaster of the institution filed the present complaint petition bearing no.1075C of 2001 on which the petitioner has been summoned. This court wants to point out that merely because a case has been found false the other may not be held to be so, unless a full-fledged enquiry by recording the evidence of the case is held by the competent court. However, because the petitioner has been summoned on a petition of complaint may not be over-looked.
I direct the Chief Judicial Magistrate, Vaishali at Hajipur to send the record of Bihiya -2- P.S.Case No.99 of 2001 to the court of Sri D.Mishra, Judicial Magistrate, Ist Class, Ara so that he keeps that record with the record of the present complaint petition. The learned Magistrate is directed to proceed with the trial of the complaint case expeditiously and as and when the witnesses are produced in the complaint petition as a matter of adhering to the principle of law as also for affording an opportunity of fair trial to the petitioner, he shall be allowed to have a look of Bihiya P.S.case No.99 of 2001 so that he could cross- examine the witnesses in respect to relevant documents which might be available on the case record of the above noted Bihiya P.S.case. At any rate, the learned Magistrate shall conclude the trial in a period of one year from the date of receipt of the copy of the present order.
With the above directions, this petition is finally disposed of.
( Dharnidhar Jha, J. ) B.Kr.