Bipin Kumar Ishwar @ Bipin Singh v. State Of Bihar
2007-01-11
GHANSHYAM PRASAD
body2007
DigiLaw.ai
Judgment 1. Heard learned counsel for the petitioner and the State. 2. It is submitted on behalf of the petitioner that Town P.S.Case No. 311 of 2001 was instituted as back as in the year 2001 but even after six years investigation has not yet been concluded by the police. He is being mentally tortured due to pendency of the investigation of the case. Accordingly, it is prayed that the police may be directed to submit final form as early as possible. 3. Considered the submission of learned counsel for the petitioner and perused the fardbeyan. It appears that this petitioner is not named in the first information report. Earlier charge-sheet has been filed by the police but the matter relating to this petitioner is still pending. 4. Thus, having regard to the facts and circumstances of the case, the Superintendent of Police, Madhubani is directed to take steps for submission of final form ..and complete the investigation Sec.205 Cr.P.C, then it is the duty of the Court to consider the same on the merits. 5. This Court has repeatedly held that personal appearance of accused on every date has not to be insisted upon unless for some reasons or the other, personal appearance is essential or his absence is like to delay the trial. Recently, this court in the case of Manish Ghai vs. The State of Bihar* in Criminal Revision Nos. 543 of 2006 and 545 of 2006 disposed of on 23.11.2006 has held with reference to the judgment of the Apex Court and earlier judgment of this Court that where trial cannot be concluded expeditiously, it would be a punishment to direct a person to appear on each and every date personally. It serves no purpose. The law does not make distinction between men and women. In the present case, the petitioner is a poor daily wage earner. This Court has also pointed out the difference between the application of Sec.205 Cr.P.C. and 317 Cr.P.C. in the aforesaid judgment. 6. In that view of the matter, I set aside this order and direct the trial Court that in view of the judgment of this court and the observations made herein, the application for dispensation from personal appearance be considered again, and appropriate order passed. 7. This application, is, accordingly disposed of.