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Patna High Court

Shambhu Shankar TiwariversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The application is disposed of with a direction to the trial court to expedite the pending trial.

Summary

The petitioner, Shambhu Shankar Tiwari, filed a petition in the Patna High Court seeking to quash a part of the order dated 15‑10‑2018 passed by the Sessions Judge, Bhojpur, which had rejected his earlier petition for discharge in a criminal case (PS Case No.470 of 2013). The petition was heard on 31‑01‑2026, and the petitioner’s senior counsel requested that the trial be expedited, offering assistance to the trial court. The State’s Additional Public Prosecutor raised no objection to this request. The High Court, noting the counsel’s submission, disposed of the application and directed the trial court to expedite the pending trial. No substantive discussion on the merits of the quash petition was recorded; the court focused on procedural facilitation of the trial.

Issues considered

  • Whether the order dated 15‑10‑2018 rejecting the petition for discharge can be quashed?

Subjects

  • Criminal Procedure Code
  • Quash Petition
  • Trial Expediting
  • High Court
  • Sessions Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77437 of 2018
                     Arising Out of PS. Case No.-470 Year-2013 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Shambhu Shankar Tiwari S/o Sri Beni Madhav Tiwari, R/o Vill.- Thenghawa,
                 P.S.- Charpokhari, District- Bhojpur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajendra Narain, Sr. Advocate
                                                  Ms. Anju Kumari @ Anju Narain, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   31-01-2026                   Heard learned senior counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. This petition has been filed for quashing part of

                   order dated 15.10.2018 passed by learned Sessions Judge,

                   Bhojpur, Ara in Sessions Trial No.220 of 2018 arising out of Ara

                   (Town) P.S. Case No.470 of 2013 by which the court concerned

                   rejected the petition filed by the petitioner for discharging him

                   from the case.

                                 3. From the status report, it appears that the said case

                   is pending for argument before the court concerned.

                                 4. After some argument, learned senior 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
           Patna High Court CR. MISC. No.77437 of 2018(2) dt.31-01-2026
                                                       2/2




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

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

                     prayer of the petitioner.

                                 6. In view of the submission of the learned senior

                     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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