VIJAY KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS application has been preferred by the informant of Charpokhari P.S. case No.9 of 1994 registered under Sections 302/34 of the Indian Penal Code by which the opposite parties no. 2 to 4 were acquitted vide order dated 5.9.2005 in ST. No. 84 of 1995.

(3.) ON behalf of the petitioner it has been submitted that the Court has hurriedly closed the prosecution evidence despite the fact that there was no delay or laches on behalf of the informant or on behalf of the State rather the accused persons were delaying the trial by filing time petitions and taking time. The witnesses were present but on many occasions the Presiding Officer was on leave. The Court has not afforded proper opportunity to the prosecution and without following the procedure prescribed under the Code the Case was closed.