complaint filed in 2004, cognizance / case in 2005, quash application has taken upto 2013 to be listed for hearing !! i.e. 8 years to be listed, meaning probably trial itself is over by then as NO stay was in operation !!! PATNA HC
Learning
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* appelants have sought quash of a case where complaint was filed in 2004
* since the HC could take it up only in 2013, the Honourable HC judge RIGHTLY avers that the case is over by then !!!!
* which means the quick remedy of quash takes longer than the original remdy / route of trial !!!!
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CASE FROM PATNA HC WEB SITE
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Patna High Court Cr.Misc. No.1701 of 2006 (8) dt.01-08-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1701 of 2006
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1. Ismail Miyan, son of late Alsher Miyan &
2. Gul Shenia @ Gulsonia, wife of Ismail Miyan, both r/o villageHarsidhi, Pakaria, P.S.-Harsidhi, District- East Champaran **** **** Petitioner/s
Versus
1. The State of Bihar &
2. Salmun Nisha, d/o late Mushar Miyan, r/o village-Aswar Shekh, P.S.- Jagdishpur, distict- West Champaran **** **** Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
01-08-2013
No one appears on behalf of the Petitioners.
The Petitioners seek quashing of entire proceeding including order of cognizance dated 03.05.2005 passed by the Sub-Divisional Judicial Magistrate, Bettiah, in Tr. No.2038 of 2005 (Complaint Case No.1932-C of 2004).
Since there was no stay operating in the matter and the cognizance was taken way back in 2005, in all probability, the Trial may have ended.
Hence, I am not inclined to entertain this application on merits.
The application is disposed off with direction to the Trial Court to expedite the trial, if it is not concluded already.
(Anjana Prakash, J)
JA/-
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