Patna High Court
Ram Narain Singh and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Criminal Procedure Code — s. 145, 146(1), 482
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
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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)
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