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2005 Supreme(Pat) 1009

INDU PRABHA SINGH
Tunni @ Tunni Sah @ Hari Shankar Sah – Appellant
Versus
State Of Bihar – Respondent


Judgment

Indu Prabha Singh, J.

1. This is an application filed u/s. 482 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the entire proceeding against the present petitioner arising out of Baikunthpur P.S. Case No. 44 of 2000 (G.R. No. 543/2000) and also for a direction to the learned Additional Chief Judicial Magistrate, Gopalganj to pass an order of acquittal and for the release of the petitioner in Trial No. 162 of 2003.

2. It has been contended that the aforesaid case was instituted against the present petitioner on 30.3.2000 and in absence of Juvenile Board it proceeded in the Court of the learned Additional Chief Judicial Magistrate, Gopalganj. As yet the enquiry trial against the petitioner has not been concluded even after the lapses of four years six months. The petitioner was sent to remand home on 7.4.2000 and since then he is rotting there. Due to the illegal and arbitrary action of the learned Court below the freedom and liberty of the petitioner have been violated. Earlier the petitioner had twice unsuccessfully moved for his bail before this Court by filing Cr. Revision Nos. 433 of 2001 and 179/2003.

3. The prosecution case, in short










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