THAKUR MANOJ KUMAR PAPPU Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE instant writ petition had been dismissed by this Court vide order 7-11-2008 but on account of inadvertence, file of the same was missing for some period. This court under order dated 10-12-2008 directed the office to reconstruct new file along with computer copy of aforesaid order dated 7-11-2008. It appears, in the meantime, original file of the writ petition is traced out. No order need be passed in the reconstructed file. Let the same be kept along with this writ petition.

(3.) IN the instant writ petition, the petitioner has prayed for quashing the order dated 25-1-2007, passed by Additional Sessions Judge-1 cum Special Court, Siwan in sessions Trial No. 441 of 2006, arising out of Siwan (Mufassil) PS Case No. 32 of 2001, whereby and whereunder the learned Court rejected petitioner's application dated 12-1-2007 for separating his trial from that of Md. Sahabuddin which is going on in Siwan jail premises. The petitioner has further prayed for declaring that the Special Court constituted for hearing of case of Siwan jail premises by the High Court, Patna vide notification No. 184a, dated 20-5-2006 and follow up notifications dated 7-6-2006 and 12-6-2006 issued by the Law Department and department of Personnel and Administrative Reforms, Government of Bihar, empowered for trial of co-accused Md. Sahabuddin only, had no jurisdiction to try the case of petitioner, who is co-accused in the aforesaid sessions trial.