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Patna High Court

Ram Narain Singh and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The Court did not quash the Sessions Judge's order but exercised its inherent powers to direct the speedy disposal of the pending criminal proceedings.

Summary

The petitioners, four brothers, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash a 28 August 2018 order of the Sessions Judge that dismissed their revision against a 27 October 2011 order in Case No.713M of 2009. They contended that the proceedings under Sections 145 and 146(1) of the Cr.P.C. were still pending and requested the court to direct their speedy disposal. The State, represented by an Additional Public Prosecutor, raised no objection to the prayer. The High Court, after hearing both sides, declined to quash the earlier order but directed the Sub-Divisional Magistrate of Areraj to dispose of the pending case expeditiously and instructed both parties to cooperate. Consequently, the criminal miscellaneous application was disposed of with the said direction.

Issues considered

  • Whether the High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash the Sessions Judge's order dismissing the revision.
  • Whether the Court can direct the expeditious disposal of pending proceedings under Sections 145 and 146(1) of the Cr.P.C.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Pending criminal case
  • Expeditious disposal
  • Revision
  • Quash

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CRIMINAL MISCELLANEOUS No.68939 of 2018
                 ======================================================
           1.     Ram Narain Singh,
           2.    Raghu Singh,
           3.    Bhushan Singh,
           4.    Ram Naresh Singh,
                 All are sons of Ramchandra Singh and all resident of Village-Balua, P.O.-
                 Mankarariya, P.S.-Paharpur, District-East Champaran.

                                                                           ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar.
           2.    Nawal Kishore Singh Son of Bijali Singh,
           3.    Chandeshwar Singh Son of Nardal Singh,
                 Sl. No.2 and 3 are resident of Village and P.O.-Mankarariya, P.S.-Paharpur,
                 District-East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Shakti Suman Kumar, Advocate.
                 For the Opposite Party/s :   Mr. Ram Sumiran Roy, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   30-06-2026                  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 order dated

                   28.08.2018 passed by learned Sessions Judge, East Champaran,

                   Motihari in Criminal Revision No.41 of 2012 by which the Cr.

                   Revision filed by the petitioner against the order dated

                   27.10.2011 passed in Case No.713M of 2009 was dismissed.

                                3. Learned counsel for the petitioner submits that the
              Patna High Court CR. MISC. No.68939 of 2018(4) dt.30-06-2026
                                                          2/2




                        Case No.713M of 2009 under Section 145 of Cr.P.C. is still

                        pending before the concerned Court. He further submits that the

                        proceedings under Section 146(1) of Cr.P.C. is also pending.

                        Learned counsel submits that this case may be disposed of with

                        direction to the concerned authority that the said proceedings

                        under Section 145 of Cr.P.C. may be disposed of expeditiously.

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

                        prayer of the petitioner.

                                     5. Considering the submissions of learned counsel for

                        the parties, the present Cr. Misc. Application stands disposed of

                        with direction to the learned S.D.M., Areraj to dispose of the

                        Case No.713M of 2009, if pending, expeditiously and both the

                        parties are also directed to cooperate in the early disposal of the

                        said case.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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