Patna High Court
ASHOK KUMAR SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The application is disposed of with a direction to the trial court to proceed expeditiously and avoid unnecessary adjournments.
Summary
The petition filed by Ashok Kumar Singh sought the withdrawal of an application after the accused had appeared in the trial, but highlighted that the case, originating in 2019, still had no charge sheet framed. The trial court had been delayed due to an application under Section 227 of the Criminal Procedure Code filed by the accused. The petitioner’s counsel requested to withdraw the present application, arguing that the accused’s appearance rendered it unnecessary. The High Court noted the prolonged pendency of the case and the fact that the informant is a senior citizen over 70 years of age. Consequently, the Court disposed of the application and directed the trial court to expedite the proceedings without granting further adjournments. The order emphasizes the need for speedy trial in old cases involving elderly parties.
Issues considered
- Whether the application for withdrawal should be entertained given the accused have already appeared
- Whether the trial court should be directed to expedite the case considering its age and the senior citizen status of the informant
Legislation cited
- Code of Criminal Procedure, 1973 — s. 227
Subjects
- Criminal Procedure Code
- Section 227
- case delay
- senior citizen
- expedited trial
- adjournment
- charge framing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9878 of 2021
Arising Out of PS. Case No.-254 Year-2019 Thana- RAJIVNAGAR District- Patna
======================================================
Ashok Kumar Singh S/O Sri Keshaw Pratap Sinha Resident of - Urmila
House, Behind SBI ATM, P.S. - Rajeev Nagar, Mourya Path, Khajpura, Patna
800014.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Piyush Kumar Son of - Pramod Kumar Resident of Flat No. 102, Block A,
Deokunj Apartment, Road No. 6, North Patel Nagar, P.S. - Patliputra,
District - Patna.
3. Ashutosh Kumar @ Ashutosh Sinha Son of- S.K.P Sinha, Resident of - Flat
No. 407, Anand Green Apartment, Phulwari Sharif, P.S.- Anadn Green
Apartment, Phulwari Sharif, P.S. - Phulwari Sharif, District - Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anurag Saurav, Advocate
Ms. Sharda Raje Singh, Advocate
Mr. Abhishek Kumar, Advocate
Mr. Ankesh Bibhu, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, A.G.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 27-01-2026 After some arguments, learned counsel for the
petitioner prays to withdraw the present application on the
ground that the Opposite Parties Nos. 2 and 3 have already
appeared in the trial. However, it is pointed out that the present
case is of the year 2019 and till date charges have not been
framed in the case. The report called from the learned court
concerned also indicates that the case is pending on account of
the application under Section 227 Cr.P.C filed by the accused
persons.
Patna High Court CR. MISC. No.9878 of 2021(6) dt.27-01-2026
2/2
2. The present application is disposed of with the
direction that the learned court concerned would consider that it
is an old case of the year 2019 and the informant is also a senior
citizen aged over 70 years of age, as such, the matter should be
proceeded with expeditiously without granting any unnecessary
adjournments.
(Soni Shrivastava, J)
vashudha/-
U T
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