High court summons East Champaran SP over pending case

Patna: Bemused over pendency of a murder case for last 35 years, the Patna high court summoned SP, East Champaran, to appear before it on October 3. The trial of the case could not commence due to “absence of police records”, the court was told.
A single bench of Justice Arvind Singh Chandel, while hearing a criminal writ application of one Birendra Mahto and 10 other petitioners, passed the order on Monday.
The petitioners had filed the writ petition for quashing of an FIR lodged in October 1988 at Darpa police station in East Champaran by one Saheb Singh. The case was lodged under Sections 302 (murder), 307 (attempt to murder), 323 (thrashing) of Indian Penal Code (IPC) and Section 27 of the Arms Act.
The case of murder is tried by the session courts, which has to be sent by the magisterial court, along with all papers and evidences collected by the police, as evidence for prosecution.
The petitioners alleged that for last 35 years the case has been lying dormant, and it has not been even sent to the court of sessions judge for initiation of trial, which is examination of prosecution evidence, due to absence of police records. The petitioners also complained to the high court that their periodical appearance before the magistrate’s court at Motihari, to face trial, have become a futile exercise and hence prayed for quashing of the FIR.
Petitioners’ senior counsel Krishna Prasad Singh argued that constitution of India guarantees fundamental right of free and fair trial to every citizen. Singh further argued that magisterial court in Motihari has become crippled in sending the case to sessions court for trial due to absence of police records. Due to lacunae of prosecution, the petitioners cannot be harassed for unending period, he said.