Patna High CourtCR. MISC./9382/2020disposed

Birendra Nath Pandey v. The State Of Bihar

2024-09-06Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9382 of 2020 Arising Out of PS. Case No.- Year-0 Thana- District- Bhojpur ====================================================== Birendra Nath Pandey S/o Late Triyogi Nath Pandey Resident of MohallaMilki Brahman Toli, P.S.- Ara Nagar, Distt- Ara (Bhojpur) ... ... Petitioner/s

Versus

The State of Bihar 2.

Ram Janam Singh S/o Hawaldar Singh Resident of Village- Gaura, P.S.- Garahani, Distt- Bhojpur (Ara) 3.

Moti Devi W/o Ram Janam Singh Resident of Village- Gaura, P.S.- Garahani, Distt- Bhojpur (Ara) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Pratap Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 06-09-2024 Heard learned Advocate for the petitioner and learned Advocate for the State.

2. The grievance of the petitioner is only with regard to the expeditious disposal of the five complaint cases which have been instituted by him and pending before the Court of learned ACJM-IX, Ara.

3. Learned Advocate for the petitioner contended that all the complaint cases have been pending for the last 7-8 years but on account of one reason or other, the same is not brought to its logical conclusion till date and, as such, having found no way out, the petitioner has knocked the door of this Court.

Patna High Court CR. MISC. No.9382 of 2020(4) dt.06-09-2024 2/2

4. This Court is conscious of the dictum prescribing guideline by the Constitution Bench of the Hon'ble Supreme Court that Constitutional Court should not normally fix time bound schedule for disposal of pending cases except in exceptional circumstances for meeting extraordinary situations. [vide High Court Bar Association, Allahabad Vs. State of Uttar Pradesh;(2024) 6 SCC 267]

5. Considering the relief prayed for in this writ petition, this Court is not inclined to exercise its inherent jurisdiction. However suffice it to say that the learned court "in seisin" is always under obligation to take sincere efforts in disposing the matter expeditiously.

6. The application stands disposed off.

(Harish Kumar, J) Anjani/- U T