IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28772 of 2009 Ajay Kumar, S/o Babulal Singh, resident of village- Mahmadpur, P.S. Hasua, Disttict-Nawadah Versus State Of Bihar ---------------------------------- 2 20-09-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. This petition has been filed under Section-482 of the Cr.P.C. for quashing order dated 24-06-2009 passed in Sessions Trial No. 104 of 1996/339 of 2003 by learned Ist Additional Sessions Judge, Nawada. It would appear from perusal of the impugned order dated 24-06-2009 that the petitioner and some others were facing trial in Sessions Trial No. 104 of 1996/339 of 2003 and charges were framed against them on 18-11-2000. It would further appear that more than 8 years were given to prosecution to adduce the evidence but prosecution could not succeed to avail the aforesaid period and subsequently, on 04-05-2009, the prosecution evidence was closed and the statement of petitioner and other accused was recorded under Section-313 of the Cr.P.C. It would further appear that on 07-05-2009, a petition under Section-311 of the Cr.P.C. was filed mentioning this fact that the evidences of informant as well as doctor are essential for just and appropriate decision of 2 the case. The aforesaid petition was allowed by learned Ist Additional Sessions Judge, Nawada passing the impugned order dated 24-06-2009 against which this petition has been filed. It would appear from the aforesaid impugned order dated 24-06-2009 that on the aforesaid date, attendance on behalf of the informant was filed but the attendance on behalf of the doctor was not filed. No doubt, the evidence of informant and doctor is essential for just and proper decision of this case but admittedly, more than 8 years have already been given to prosecution to conclude his evidence and furthermore, it is an admitted position that the occurrence relates to the year, 1994 and since the year, 1996, the petitioner and other accused persons are facing trial. However, considering the aforesaid facts and circumstances as well as submission of the parties, this petition is disposed of at the admission stage itself giving direction to learned trial court to give three consecutive dates to prosecution to complete his evidence and if prosecution fails to do so, the learned trial judge shall pass appropriate order and furthermore, shall try to dispose of the trial of the petitioner and other accused within three months from the date of receipt of this order. AKV/- ( Hemant Kumar Srivastava,J.)