Patna High Court
Ashok Kumar SinhaversusThe State of Bihar through Law Secretary
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The High Court directed the trial court to dispose of the petition within a month and disposed of the writ petition.
Summary
Ashok Kumar Sinha filed a petition under Section 227 of the Code of Criminal Procedure on 6 May 2024, seeking a direction to the Additional Sessions Judge, Danapur, to decide a pending criminal case (Sessions Trial No. 581 of 2018) involving offences under Sections 147, 148, 149, 323, 341, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act. The petition remained undetermined for an extended period, prompting the petitioner to approach the Patna High Court for intervention. The High Court observed that the delay reflected poorly on the trial court’s functioning and ordered the trial court to dispose of the petition within one month of receiving the order, after giving both parties a hearing. Consequently, the writ petition was marked as disposed. The order underscores the court’s power to direct lower courts to expedite pending criminal matters.
Issues considered
- Whether the High Court can direct a Sessions Court to dispose of a pending petition filed under Section 227 CrPC within a stipulated time.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 227
- Indian Penal Code — s. 120B, 147, 148, 149, 302, 323, 341
Subjects
- delay in criminal proceedings
- Section 227 CrPC
- writ jurisdiction
- criminal trial disposal
- court efficiency
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.3136 of 2025
Arising Out of PS. Case No.-547 Year-2017 Thana- DANAPUR District- Patna
======================================================
Ashok Kumar Sinha S/o Late Jang Bahadur Singh Resident of Tarachak,
Dinapur-cum-Khagaul, P.S.- Danapur, District- Patna and At present R/o
Lotus Apartment Flat No. 215B, New Patliputra Colony, P.S.- Patlipura,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar through Law Secretary Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Thakur, Advocate
Ms. Monalika, Advocate
For the Respondent/s : Md. Shahid Siddiquei, AC to AAG-5
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 22-01-2026 The petitioner has approached this Court with limited
prayer seeking direction to learned Additional Sessions Judge-V,
Danapur to consider and decide the petition filed by the
petitioner under Section 227 of the Code of Criminal Procedure
on 06.05.2024 in Sessions Trial No. 581 of 2018, arising out of
Danapur P.S. Case No. 547 of 2017 registered under Sections
147, 148, 149, 323, 341, 302, 120B of the Indian Penal Code
and Section 27 of the Arms Act.
2. Learned counsel for the petitioner submits that the
petition has been filed on 06.05.2024, till date the petition has
been kept pending by the learned trial court and no steps are
being taken.
Patna High Court CR. WJC No.3136 of 2025(2) dt.22-01-2026
2/2
3. If the petition was filed in the year, 2024 under
Section 227 of the Code of Criminal Procedure and the same
has not been disposed of by the learned trial court, it reflects
very poorly on the working of the said Court. Therefore, without
further giving details of the matter, learned trial court is directed
to dispose of the petition filed by the petitioner under Section
227 of the Code of Criminal Procedure within a month from the
date of receipt/production of a copy of this order, giving due
opportunity of hearing to both the sides.
4. Accordingly, the present petition stands disposed
of.
(Arun Kumar Jha, J)
DKS/-
U T
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