Patna High Court
Upendra Pandey @ Bablu Pandey@ Babalu @ Babaloo PandeyversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- PURNENDU SINGH
Holding
The petition stands consigned as the appropriate remedy lies with the District Court while the trial is ongoing.
Summary
The petitioner, Upendra Pandey, filed a criminal miscellaneous petition before the Patna High Court challenging the proceedings of the State of Bihar. The petition was filed while the trial in the underlying case was at the argument stage before the District Court. The petitioner’s counsel sought to obtain relief from the High Court instead of continuing in the District Court. The High Court, after noting the District Court’s report that the trial was ongoing, held that the appropriate remedy lay with the District Court. Consequently, the petition was consigned, effectively dismissing it pending further proceedings in the lower court.
Issues considered
- What relief, if any, can be granted by the High Court when the trial is still at the argument stage in the District Court?
Subjects
- criminal procedure
- jurisdiction
- trial stage
- high court petition
- district court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.477 of 2026
Arising Out of PS. Case No.-155 Year-2009 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Upendra Pandey @ Bablu Pandey @ Babalu @ Babaloo Pandey, S/O
Shambhu Pandey Resident of Village – Adawapur Faijullahpur, P.S-
Baikunthpur, District- Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prasoon Shekhar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 18-03-2026 In view of the report of the learned District Court
that the trial is at the stage of the argument, learned counsel
appearing on behalf of the petitioner seeks to pursue remedy
before the learned District Court.
2. The present petition, accordingly, stands consigned.
(Purnendu Singh, J)
Sanjay/-
U
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