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2007 Supreme(Pat) 924

GHANSHYAM PRASAD
Sidhi Singh @ Sharna – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This application has been filed for quashing the entire criminal proceedings in Sessions Trial no. 361/1996 arising out of Dhanarua P.S. Case no. 36/1975 as well as the order dated 17.4.2002 (framing of charge) pending in the Court of Fast Track Court No. II, Patna.

2. The main grounds for quashing is non-supply/availability of police papers and long pendency of the case. It is a case of the year 1975. Trial of the case is pending since1996. The accused persons have been charged under Sections 147, 148, 149, 324, 307 and 302 of the Indian Penal Code. However, till date not a single witness has been examined. The admitted fact is that the police paper was never supplied to the accused persons and the case has been committed and charge has also been framed in absence of police paper, presumably, on the basis of charge-sheet and fardbeyan.

3. The record would go to show that attempts were made by the lower court as well as the Hon ble Court to trace out the case diary but failed. The Senior Superintendent of Police as well as Director General of Police was also summoned by the High Court who filed affidavit showing their inability to trace out the case diary. The then Inves










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