Patna High Court
Dinesh Singh and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application for quashing the dismissal order is disposed of, with a direction to the trial court to expedite the trial.
Summary
Petitioners Dinesh Singh and Akhilesh Singh filed an application seeking to quash an order dated 17 July 2018 that dismissed their earlier petition for a re‑examination of prosecution witnesses in a criminal case involving offences under Sections 341, 323, 324, 307, 379, 504/34 of the IPC. The High Court heard arguments and noted that the petitioners were willing to assist the trial court in expediting the trial, and the State had no objection to this request. The Court found no merit in quashing the earlier order but, to avoid further delay, directed the trial court to speed up the proceedings. Consequently, the application was disposed of with a specific direction to the trial court to expedite the trial. The order does not overturn the dismissal of the re‑examination petition but seeks to ensure a swift conclusion of the criminal trial.
Issues considered
- Whether the order dismissing the petition for re‑examination of witnesses should be quashed
- Whether the trial court should be directed to expedite the pending criminal trial
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 341, 379, 504/34
Subjects
- Criminal Procedure
- Trial Delay
- Re‑examination of Witnesses
- Quash Order
- Expedition of Trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69689 of 2018
Arising Out of PS. Case No.-145 Year-2003 Thana- CHIRAIYA District- East Champaran
======================================================
1. Dinesh Singh
2. Akhilesh Singh
Both are sons of Hari Shankar Singh, Resident of Village- Masaha, P.S.
Shikarganj, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gharkhan Singh S/o Late Shiv Singh, Resident of Village- Masaha, P.S.
Shikarganj, District- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 09-02-2026 This application has been filed for quashing of
order dated 17.07.2018 passed in Chiraiya (Shikarganj) P.S.
Case No.145 of 2003 under Sections 341, 323, 324, 307, 379,
504/34 of I.P.C. corresponding to T.R. No.50 of 2018 whereby
and whereunder the learned J.M., 1st Class, Shikrahna, Dhanka
was pleased to dismiss the petition dated 01.05.2018 filed by
petitioner making prayer to give opportunity to re-examine the
witnesses who were earlier examined by the prosecution.
2. After some argument, learned counsel for the
petitioners submits that this case may be disposed of with a
direction to the learned trial court to expedite the trial of the
Patna High Court CR. MISC. No.69689 of 2018(4) dt.09-02-2026
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case and the petitioners shall assist the court in this regard.
3. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
4. In view of the submission of learned counsel for the
petitioners, 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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