Patna High Court
Dr. Devi Dutta GuptaversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court declined to quash the proceedings and directed the trial court to dispose of the case expeditiously, preferably within three months.
Summary
The petitioner, a 78‑year‑old senior citizen, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the pending complaint case No.1146(C) of 1999, which involved offences under Sections 323, 324, 341, 348, 354, 504 and 506 of the Indian Penal Code. The petitioner argued that the trial had been unduly delayed due to the complainant’s non‑cooperation and that the case should be disposed of expeditiously. The State did not oppose the petitioner's request for an expeditious disposal. The Court examined whether the proceedings could be quashed under Section 482 and considered the need for a swift trial given the petitioner's age. It declined to quash the proceedings, instead directing the trial court to dispose of the matter within three months and to refrain from granting unnecessary adjournments. All interim orders in the miscellaneous application were vacated and the order was transmitted to the trial court for compliance.
Issues considered
- Whether the criminal proceedings under Sections 323, 324, 341, 348, 354, 504 and 506 IPC may be quashed under Section 482 CrPC?
- Whether the trial court should be directed to dispose of the case expeditiously, considering the petitioner's advanced age?
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 323, 324, 341, 348, 354, 504, 506
Subjects
- Section 482
- quash
- expeditious trial
- adjournment
- senior citizen
- criminal complaint
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33390 of 2018
Arising Out of PS. Case No.-1146 Year-1999 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Dr. Devi Dutta Gupta S/o Late Chandra Dutta Prasad Gupta, R/o Flat No.
B/404, Basudeo Place, Ranjan Path, Opposite Vijay Bank, Bailey Road, P.S.-
Rupaspur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Kaushalya Devi W/o Sri (Dr.) Om Prakash Jhunjhunwala, R/o Arogya
Mandir at Nala Road, P.S.- Kadamkuan, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate.
For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
6 23-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the entire proceedings
of the Complaint Case No.1146(C) of 1999 instituted under
Sections 323, 324, 341, 348, 354, 504 & 506 of the I.P.C. on the
ground that no case is made out against the petitioner.
3. From perusal of the Trial Court records, it appears
that the case was fixed for final argument.
4. Learned counsel for the petitioner submits that the
trial is pending since long due to non-cooperation of the
complainant. He further submits that the petitioner is aged about
78 years. Learned counsel submits that trial of the case requires
the expeditious disposal by the learned Trial Court, therefore, he
Patna High Court CR. MISC. No.33390 of 2018(6) dt.23-06-2026
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prays that the present Cr. Misc. Application may be disposed of
with direction to the learned Trial Court to dispose of the matter
expeditiously.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. In view of the facts and circumstances of the case
and the submissions of learned counsel for the parties, this case
stands disposed of with direction to the learned Trial Court to
dispose of the case expeditiously in accordance with law,
preferably within three months from the date of passing of this
order.
7. It is made clear that no unnecessary adjournment
shall be granted to any party by the learned Trial Court.
8. Interim order(s), if any, passed in this Cr. Misc.
Application, stands vacated.
9. Let the learned Trial Court records alongwith copy
of this order be transmitted to the Court concerned forthwith for
needful and compliance.
(Sunil Dutta Mishra, J)
Ritik/-
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