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2023 Supreme(Pat) 336

ANSHUMAN
Ramesh Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Arun Kumar Arun.
For the Respondents: Mr. Sujit Kumar Singh, APP.

Dr. Anshuman, J.—Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The present criminal writ petition has been filed by informant for setting aside the judgment/ order of acquittal dated 16.01.2013 passed by Sri Ramesh Kumar Singh, Additional Sessions Judge, III, Barh, Patna in S. Tr. No. 888 of 2008, arising out of Bakhtiyarpur P.S. Case No. 143 of 2004, lodged under Sections 147, 148, 323, 324, 427, 379 and 307 of the I.P.C., 1860 read with Section 27 of the Arms Act by which, the charge-sheeted accused persons, i.e. respondent no. 2 and 3 had been acquitted.

3. Learned counsel for the petitioner submits that the impugned judgment/ order of acquittal has been passed in utter violation of Rule 18 of Criminal Court Rules of the High Court of Judicature at Patna, as the learned Trial Court miserably failed to satisfy itself that a valid service of notices, summons, processes were served to the witnesses during the trial. He further submits that without serving the notices to the prosecution witnesses and without examining the same, the evidences of the prosecutions were closed and judgment/ order of acquittal has been passed which is wholly erroneous, unlaw

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