Tuesday, August 13, 2013

complaint 2004, cognzan 2005, quash appln taken 2013, 8 years to be listed, probably trial over !! PATNA HC


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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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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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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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist