Asha Devi And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54017 of 2013 Arising Out of PS.Case No. -197 Year- 2000 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ===========================================================
1. Asha Devi Wife Of Sri Murari Rai Resident Of Lakho, P.S.- Mufassil, DistrictBegusarai
2. Ram Sagar Rai Son Of Bigan Rai Resident Of Chakia P.S. Barauni (Chakia), O.P.- Chakia (Thermal Power, Brauni), District- Begusarai .... .... Petitioner/s
Versus
1. The State Of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Saroj Kumar Sharma, Advocate For the Opposite Party/s : Mr. M.M. Dayal, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 16-05-2017 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the Trial Case No. 2355 of 2010, arising out of G.R. Case No. 1628 of 2000/Mufassil P.S. Case No. 197 of 2000, which is pending for the last 13 years in the Court of learned B.B. Rai, Judicial Magistrate, 1st Class, Begusarai.
It has been submitted on behalf of the petitioners that the case is pending for evidence but no witness is turning up. Nobody even appears on behalf of the prosecution. The accused persons are only appearing in the Court on each date. The certified copy of the up-to-date order-sheet has been produced
Patna High Court Cr.Misc. No.54017 of 2013 dt.16-05-2017 2/3 which supports the assertions made by the counsel for the petitioners.
Since the case is already fixed for evidence, this Court does not find any cogent ground to quash the entire proceeding only on the ground that the same is pending for more than 13 years. However, at the same time, this Court feels to observe that it is the duty of the Trial Court to conclude the trial of old case on priority within the fixed time frame and as per direction send by this Court from time to time. From the up-to-date order-sheet, it appears that only accused persons are appearing and mechanical orders are being passed by the Court below without taking any steps for appearance of the witnesses in the Court.
In such circumstances, this criminal miscellaneous application is disposed of with a direction to the Trial Court to take up the trial of this case on day to day basis on priority and make efforts to conclude the same as early as possible, positively within a period of nine months from the date of receipt/production of a copy of this Court. The Court below will send the compliance report to this Court after disposal of the case. The Court below, in the event of not disposing the case within the aforesaid period will send reason to this Court for not disposing
Patna High Court Cr.Misc. No.54017 of 2013 dt.16-05-2017 3/3 the case within the aforesaid period.
This quashing application is accordingly disposed of.
(Sanjay Priya, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22/05/2017 Transmission Date 22/05/2017