Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25876 of 2008 ====================================================== Guriya Kumari, daughter of Madhav Prasad Singh, resident of Village- Narwara, Police Station: Taryani, District-Sheohar .... .... Petitioner Versus 1. The State of Bihar 2. Meenu Devi, daughter of Vijay Kumar Singh, resident of Village- Narwar, Purab Talab , P.S. Kaluahi, District-Madhubani 3. Vijay Kumar Singh S/O Amir Singh, resident of Village-Narwar, Purab Talab, P.S. Kaluahi, District –Madhubani .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ------------------ 6 03-02-2012 Heard Sri Kumar Dhirendra Pratap Singh, learned counsel for the petitioner, Sri Akbar Ali, learned Addl. Public Prosecutor and Sri Ashok Kumar Karn, learned counsel appearing on behalf of Opp.Party no.3. The present petition was basically filed for quashing of an order dated 25.02.2005 passed by Sri S.M.F. Bari, Judicial Magistrate, Madhubani in Tr. No.1540 of 2008 arising out of Complaint Case No.1295 of 2003. By the said order, learned Magistrate has taken cognizance of offence under [STATUTE] and issued processes against accused persons including the petitioner, who is said to be sister of the husband of the complainant. Learned counsel for the petitioner without going into the merit of the case submits that though the order of cognizance Patna High Court Cr.Misc. No.25876 of 2008 (6) dt.03-02-2012 2 / 2 2 was passed on 25.02.2005, the complainant’s side is not taking any step for examining witnesses before charge and the matter is kept pending since long. It has been submitted that some observation may be given by this Court, so that the case may come to its logical end without unnecessary delay. It was submitted by the learned counsel for the petitioner that the petitioner has already been granted liberty under Section 205 of the Code of Criminal Procedure to be represented through her counsel and the case is being regularly represented on her behalf. In view of the facts and circumstances particularly the fact that the complaint itself was filed long back in the year 2003 and till date witnesses at pre-charges stage have not been examined, the Court is of the opinion that the petition can be disposed of with a direction to the court below to conclude the case within a period of eight months from the date of receipt/production of a copy of this order. With above observation and direction, the petition stands disposed of. NKS/- (Rakesh Kumar, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.