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2007 Supreme(Pat) 214

GHANSHYAM PRASAD
Kumar Sushil – Appellant
Versus
State Of Bihar – Respondent


Judgment

Ghanshyam Prasad, J.

1. Heard.

2. This application u/s. 482 Cr.P.C. has been filed to quash the criminal proceeding so far the petitioner is concerned in Sessions Trial No. 630 of 1988 pending in the court of Fast Track Court III, Patna.

3. It appears from the record that on the basis of fardbeyan lodged by Executive Magistrate, Control Room, Patna on 31.3.1978, a case under Secs. 147, 148, 307, 337, 338, 353, 188 and 153 alongwith other sections was registered by Kotwall P.S. against as many as 48 accused persons including this petitioner. This petitioner has been arrayed as accused No. 46. The petitioner made his appearance in the case just after institution of the case, but even after lapse of 29 years, the case has not yet been concluded.

4. A report has been called for from the court below as to the stage of the Sessions Trial which is at flag A. On perusal of the report, it appears that even charge has not yet been framed against this petitioner and other accused persons who are in attendance. The case is pending for appearance of remaining 35 accused persons who are absent since inception of the case.

5. The submission of the learned Counsel for the petitioner is tha










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