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Patna High Court

Dr. Devi Dutta GuptaversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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
                                                          2/2




                        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/-

U         T


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