Patna High Court
Santosh Kumar Singh @ Krishna Kumar ... vs The State Of Bihar on 21 April, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42964 of 2023
Arising Out of PS. Case No.-65 Year-2013 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
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Santosh Kumar Singh @ Krishna Kumar Singh S/O Late Giridhar
Prasad Singh R/O Village- Aini, P.S- Simri, Bakhtiyarpur(Balwahat
O.P), Distt.- Saharsa.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner : Mr.Shiva Shankar Sharma, Advocate
Mr.Arun Kumar Sinha, Advocate
For the Opposite Party : Mr.Madhura Nand Jha, APP
Mr.Bibhakar Tiwary, Advocate
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 21-04-2025
Heard learned counsel for the petitioner and learned
A.P.P. for the State duly assisted by learned counsel for the
informant.
2. The present application preferred under Section
482 of the Code of Criminal Procedure (in short the "Cr.P.C.")
for quashing the order dated 21.06.2023 passed in S. Tr. No.
218/2013 arising out of Simri Bakhtiarpur P.S. Case No. 65
of 2013 by the learned Additional Sessions Judge - VII,
Saharsa, whereby petition dated 14.10.2022 as filed by the
petitioner, was dismissed by the concerned court, in which
Patna High Court CR. MISC. No.42964 of 2023 dt.21-04-2025
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prayer was made that death certificate of deceased Kailu Ram
and original copy of station diary from 18.03.2013 and
21.03.2013
may be exhibited as evidence.
3. While arguing the matter, it is submitted by learned
counsel appearing for the petitioner that impugned order
suggests that petitioner was deprived from his right of
defence as he was not given an opportunity to examine the
witnesses in his defence in view of section 233 of the Cr.P.C.
4. The aforesaid submission was also approved by
learned A.P.P. for the State as well as Mr. Bibhakar Tiwary,
learned counsel appearing for the informant.
5. Considering the aforesaid, the impugned order
dated 21.06.2023 passed in S. Tr. No. 218/2013 arising out
of Simri Bakhtiarpur P.S. Case No. 65 of 2013 by the learned
Additional Sessions Judge - VII, Saharsa is hereby
quashed/set-aside in part, by allowing present petition to the
extent only that petitioner/accused be given an opportunity to
examine his witnesses in defence in view of section 233 of the
Cr.P.C. It is also directed that witnesses in defence must be
examined within two months from the date of receipt of a
Patna High Court CR. MISC. No.42964 of 2023 dt.21-04-2025
copy of this order.
6. In terms of the aforesaid direction, this application
stands allowed in part to the extent indicated hereinabove.
(Chandra Shekhar Jha, J)
Rajeev/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.04.2025
Transmission Date 21.04.2025
