IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13758 of 2015

Arising Out of PS. Case No.-74 Year-2013 Thana- SALAKHUA District- Saharsa

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Md. Naimuddin Son of Md Moiuddin Resident of Village - Pahlam, P.S. -

Salkhua, District - Saharsa.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Ajay Kumar Jha

For the Opposite Party/s :

Mr.Bharat Lalapp

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

ORAL ORDER

2

10-05-2019

This application has been filed under Section 482 of

the Code of Criminal Procedure, 1973, for quashing the order

dated 05.08.2014 passed in Salkhua P.S. Case No. 74 of 2013 by

the learned Chief Judicial Magistrate, Saharsa, whereby he has

taken cognizance of the offence punishable under Sections 409

and 420/34 of the Indian Penal Code on the basis of charge-

sheet submitted by the police.

I do not consider it to be an appropriate stage for this

Court to interfere, exercising power under Section 482 of the

Cr.P.C. The order passed by the learned Chief Judicial

Magistrate under challenge cannot be said to be either beyond

jurisdiction or without any basis. Further, the petitioner has

remedy of seeking his discharge at appropriate stage.

Patna High Court CR. MISC. No.13758 of 2015(2) dt.10-05-2019

2/2

Learned counsel for the petitioner states that till date

charges have not been framed. Since the criminal case is

pending for the last six years, I expect that the Court below shall

expedite the processes of supply of police papers and framing of

charge expeditiously so as to proceed with the trial.

This application stands dismissed but with the

observation as above.

arun/-

(Chakradhari Sharan Singh, J)

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