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2022 Supreme(Pat) 1149

ANSHUMAN
Ram Babu Singh S/O- Late Ram Sakal Singh – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
For the Appellant : Mr. Kumar Praveen, Adv.
For the Opposite Partys : Mr. Jagdhar Prasad, APP, Mr. Ashok kr. Jha, Adv.

JUDGMENT :

Heard learned counsel for the petitioners and learned A.P.P. for the State as well as learned counsel for the Opposite Party No.2.

2. The present quashing application is being filed for quashing the order dated 02.03.2020 passed by Sri Rakesh Kumar, learned J.M.-1st, Class, Sitamarhi in connection with Tr. No. 2006 of 2019 arising out of Sahiyara P.S. Case No.- 80 of 2010 lodged under Sections 447, 341, 323, 337, 504 and 34 of the I.P.C. by which Court has allowed the application filed by prosecution under Section 311 of Cr.P.C.

3. Learned counsel for the petitioners submit that the present criminal case has been filed in the year 2010 in which charge sheet has been filed on 27.07.2011, cognizance has been taken on 06.08.2012, charge has been framed on 25.02.2013 against the petitioners. Counsel submits that he has annexed the order sheets by which it transpires that after 25.02.2013, series of dates were crossed but prosecution has failed to produce any witness. Counsel submits that after lapse of 6 years and issuance of processes, last date for adducing the evidence was fixed on 28.11.2019 and finally on 07.12.2019, the evidence was closed in this case. On 02.01.2020, the

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