Madhu Kumari Sinha v. The State Of Bihar

10 01-07-2024 IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.23810 of 2023 Arising Out of PS. Case No.-16 Year-2007 Thana- C.B.I CASE District- Patna ====================================================== Madhu Kumari Sinha D/O Rajendra Prasad Resident Of House No- 31a,Income Tax Colony, Bhoot Nath Road, P.S- Agamkuan, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================Appearance :For the Petitioner/s: Mr. Binit KumarFor the CBI: Mr. Sourendra Pandey, SPP(CBI)====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER This is an application for quashing the order dated 07.02.2023 passed in R.C. No. 16(S) of 2007 by the ExclusiveMagistrate/Additional Chief Judicial Magistrate, C.B.I, Patna bywhich the court below has rejected the petition dated 18.11.2022filed u/s 91 of the Cr.P.C. 2. The Petitioner is facing trial in the court of Special Judge, CBI. Charges have been framed in the case.Earlier the photocopy of the document in question was markedfor identification. 3. Now the learned counsel for the petitioner submits that the an application was filed for calling the originaldocument/s which is available that is necessary for the justdecision of the case and the same has been rejected. 4. Learned counsel for the C.B.I. has opposed the Shishir/- UT prayer and has submitted that petitioner wants to delay the trialand therefore these kind of tactics have been adopted. 5. I am of the view that in the interest of justice ifthe original document is available, the same should beconsidered by the Special Judge during trial. 6. In these circumstances, this application is allowed and the order dated 07.02.2023 passed in R.C. No.16(S) of 2007 by the Exclusive Magistrate/Additional ChiefJudicial Magistrate, C.B.I, Patna is hereby quashed and theapplication dated 18.11.2022 filed by the petitioner is allowed. 7. The Bihar School Examination Board is directedto produce the evidence in the Court within two months ofcommunication of this order in the Court. 8. The Special Judge will proceed thereafter andconclude the trial at the earliest. 9. With the aforesaid observations, this application is allowed. (Sandeep Kumar, J)