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Patna High Court

Sheo BaithaversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application for quashing the orders was disposed of, with a direction to the trial court to expedite the trial.

Summary

Sheo Baitha filed an application seeking to quash the order dated 07-06-2016 passed by the ACJM‑cum‑Sub Judge and the subsequent order dated 11-09-2017 passed by the Sessions Judge in a case arising under sections 386, 392, 506 and 34 of the Indian Penal Code. The petitioner argued that the orders should be set aside and the trial expedited. The State raised no objection to the petitioner's request for expediting the trial. The Court, after hearing counsel, did not entertain the prayer to quash the orders but instead directed the trial court to speed up the proceedings. Consequently, the application was disposed of with a direction to the trial court to expedite the trial.

Issues considered

  • Whether the orders dated 07-06-2016 and 11-09-2017 can be quashed.
  • Whether the trial court should be directed to expedite the trial.

Legislation cited

Subjects

  • Criminal Procedure
  • Quash Petition
  • Trial Expediting
  • IPC Sections 386 392 506 34
  • Revision

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34240 of 2018
                        Arising Out of PS. Case No.-19 Year-2014 Thana- CHENARI District- Rohtas
                 ======================================================
                 Sheo Baitha S/o Late Faudar Baitha, R/o Vill.- Silari, P.S.- Sheo Sagar,
                 District- Rohtas.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Dr. Pramod Kumar Singh S/o Late Gupteshwar Singh, R/o Vill.- Ujjawal
                 Nursing Home, G.T. Road, Awadh Nagar Kudra, P.S.- Kudra, District-
                 Kaimur Bhabhua.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajesh Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   28-01-2026                 Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                               2. This application has been filed for quashing of order

                   dated 07.06.2016 passed in G.R. No.192 of 2014 by learned

                   A.C.J.M.-cum-Sub Judge III, Sasaram and order dated

                   11.09.2017 passed in Cr. Revision No.304 of 2016 by learned

                   Sessions Judge, Rohtas, Sasaram, respectively arising out of

                   Chenari P.S. Case No.19 of 2014 whereby and whereunder the

                   learned A.C.J.M., Sasaram took cognizance for the offence

                   punishable under sections 386, 392, 506/34 of I.P.C. and

                   thereafter said criminal revision application filed by the

                   petitioner was rejected by learned Sessions Judge, Rohtas.
           Patna High Court CR. MISC. No.34240 of 2018(2) dt.28-01-2026
                                                       2/2




                                3. After some argument, learned counsel for the

                     petitioner submits that this case may be disposed of with a

                     direction to the learned trial court to expedite the trial of the

                     case and the petitioner shall assist the court in this regard.

                                4. Learned A.P.P. for the State has no objection to this

                     prayer of the petitioner.

                                5. In view of the submission of the learned counsel for

                     the petitioner, this application is disposed of with a direction to

                     the learned trial court to expedite the trial of the case.




                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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