MET IRSHAD ALI KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal revision application at the instance of the complainant is directed against the order dated 10.7.1989, passed by Shri M.P. Tiwary, C.J.M., Gaya, in Complaint Case No. 108 of 1985 (T.R. No. 118/88) Irshad Ali Khan v. Dr. R. Kumar & Ors., whereby he has held that no prima facie case is made out against any one of the accused persons (the opposite party herein), there is no case to go to trial, and has accordingly dismissed the petition of complaint.

(2.) I feel constrained to recapitulate the order dated 2.11.95 of this Court to the effect that this case was laid before the Bench on 21.2.90, and thereafter for the first time on 12.9.95, i.e. after a gap of five years. It was noticed by the Bench in its order dated 2.11.95. This criminal revision application had been taken up and dismissed by a learned Single Judge of this Court by the same order dated 2.11.1995. Aggrieved by the same, the petitioner herein had moved the Supreme Court in Cr. Appeal No. 194 of 1997 (Md. Irshad Ali Khan v. State of Bihar and Ors.), which was allowed by order dated 21.2.97, the aforesaid order dated 2.11.95 of this Court was set aside, and the matter was remitted back to this Court to pass a speaking order giving its reasons for accepting/rejecting the findings of the Magistrate. This Court was requested to comply with this direction as expeditiously as possible, preferably within a period of two months from the date of communication of this order. The matter could not be taken up by this Court earlier because of non-appearance of O.P. No. 4 (Dr. Indeshwar Tiwary). The matter was disposed of by the Supreme Court in his presence, yet he showed no deference to the order of the Supreme Court, and chose to play truant. Hence the delay in disposal of this matter. The aforesaid facts have been recapitulated for the benefit of the trial Court so that it can guard itself against any effort on the part of the accused persons to delay the trial.

(3.) UNDER orders of the Commissioner of the Division, a three-member Committee was constituted to go into the entire incident which comprised of Dr. M.P. Singh, Principal of the Medical College. Dr Ram Lakhan Sinha, Superintendent of the Medical College, and Dr. Kumar Dilip Singh, a Surgeon and a member of Advisory Committee of the Medical College. The committee submitted its report on 23.8.85 wherein it recorded the following findings: