Rana Yadav vs The State Of Bihar
2023 Latest Caselaw 4018 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No.1696 of 2023
         Arising Out of PS. Case No.-248 Year-2018 Thana- DHARHARA District- Munger
     ======================================================

RANA YADAV Son of Ramadhar Yadav R/V-Bari Govindpur, PS- Dharhara, Dist- Munger, State- Bihar

... ... Appellant/s Versus

1. The State of Bihar

2. Meera Devi Wife of late Vijay Tanti R/o Sarobag, PS- Dharhara, Dist-

Munger, State- Bihar

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr.Amit Narayan For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 24-08-2023

1. The present appeal is an example of as to how

two accused together can obstruct the trial of the case.

2. Sessions Trial No. 24 of 2019 under section

302/34, 364/34, 201/34 and 120B of the Indian Penal Code was

pending in the Court of Sessions Judge, Munger. In light of the

direction of the Patna High Court, the trial was to be concluded

within 6 months. The trial court, working efficiently, recorded

the evidence and statements within the stipulated time and the

trial was fixed for argument.

3. Co-accused Matuki Yadav filed an application

before the court of Sessions Judge that the deceased was a

member of the Scheduled Caste, so the trial should be Patna High Court CR. APP (SJ) No.1696 of 2023 dt.24-08-2023

conducted in the court of the Special Judge, Scheduled Caste

and Scheduled Tribe.

4. It is worth mentioning that this application was

not filed by the prosecution, but the Sessions Judge, without

considering this point that the application was given only for the

purpose of delaying the trial, accepted the same and transferred

the trial to the Special Court.

5. In the special court the charges were amended

accordingly and charges were also framed under section 3(2) (v)

of the SC/ST (POA) Act.

6. An application was filed by Matuki Yadav under

section 217 of the Code of Criminal Procedure to the effect that

since charges have been amended, so all the witnesses should be

be recalled.

7. The Special Judge, keeping in view the direction

of the Hon'ble High Court, rejected the application.

8. Being aggrieved, the co-accused Rana Yadav

(Not Matuki Yadav), filed the present appeal against the

aforesaid order.

9. When an application was filed by co-accused

Matuki Yadav that the trial be transferred to the Special Court,

the accused Rana Yadav was not aggrieved although this Patna High Court CR. APP (SJ) No.1696 of 2023 dt.24-08-2023

application was affecting him adversely. But on rejection of the

application under section 217 Cr. P.C. he felt that he was being

adversely affected and filed the present appeal.

10. From the aforesaid facts it is clear that on one

hand the accused Matuki Yadav initially filed an application for

transfer of the case to the Special Court and thereafter files an

application for recall of the witnesses and on the other hand the

accused Rana Yadav has filed the present appeal challenging the

refusal of the prayer for recall of the witnesses whereas it was

accused Matuki Yadav whose prayer for recall of the witnesses

was rejected. It appears that both the accused persons, having

hands together, are tactfully trying to delay the trial of the case.

It is a clear case of abuse of the process of law.

11. Having considered the facts stated

hereinabefore, I am not inclined to interfere with the order

impugned. The appeal is, accordingly, dismissed.

(Arvind Srivastava, J) mcv/-

AFR/NAFR CAV DATE Uploading Date Transmission Date