Gopal Prasad Sharma v. The State Of Bihar Through The Law Secretary, Bihar, And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.684 of 2014 Arising Out of PS.Case No. -null Year- null Thana -null District- BHAGALPUR ===========================================================
1. Gopal Prasad Sharma Son of Sri Chakeshwar Sharma Resident of VillageBabhangama, P.S. Bounsi, District- Banka. .... .... Petitioner/s
Versus
1. The State of Bihar through the Law Secretary, Bihar.
2. Ranjan Sharma W/O Gopal Prasad Sharma, D/O Sri Rohit Sharma Resident of Mohalla- Amoai Marupachak, P.O.+ P.S.- Mojahidpur, District- Bhagalpur. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Adv. For the Respondent/s : Mr. Pramod Kumar Sinha, A.C. to AAG-2 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 18-02-2015 The petitioner has been made accused in Complaint Case No. 1062 of 2008. It has been contended that for the last 7 years there is no progress in the trial.
In this application filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks a direction to be issued to the learned Sub Divisional Judicial Magistrate, Bhagalpur to expedite the complaint case and conclude the same within six months.
In my considered opinion, if there is no progress in the trial for no fault on the part of the petitioner, the petitioner should first approach the court of Magistrate and make a request for closure
Patna High Court Cr. WJC No.684 of 2014 dt.18-02-2015 2/2 of the prosecution case. There is nothing on record on the basis of which it can be held that the petitioner has made any effort before the court below in this regard. Even the copy of the order sheet of the court below has not been annexed to the present application. Having regard to the facts and circumstances of the case, I dispose of the present application giving liberty to the petitioner to approach the court below first. (Ashwani Kumar Singh, J) Pradeep/- U T