Sandeep Suman @ Pushpanjay Kumar v. The State Of Bihar Through Director General Of Police, Patna, Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1048 of 2016 ====================================================== Sandeep Suman @ Pushpanjay Kumar Son of Sanjay Kumar Resident of Village- Amarsingh Bigha, P.S.- Sare, District- Nalanda, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar Through Director General of Police, Patna, Bihar.

2. The District and Session Court, Nalanda at Biharsharif through its Registrar-cum-Judge In-Charge, Civil Court, Nalanda. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Mistry, Advocate For the Respondent/s : Mr. Partha Sarthy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-08-2018 No one has appeared on behalf of the petitioner to press this writ application.

Learned counsel for the State as well as learned counsel representing the respondent no. 2 is also present. It appears that the petitioner has moved this Court seeking a direction to the learned 1st Additional District Judge-cum-Special Court POCSO Act to dispose off the petition filed by the petitioner on 13.04.2016 in connection with Mahila P.S. Case No. 15 of 2016.

A counter affidavit has been filed in this case in which it is stated that on filing of the said petition the learned trial court had ordered to put up petition on record but thereafter the

Patna High Court Cr. WJC No.1048 of 2016 (2) dt.14-08-2018 petitioner did not pursue the matter again before the trial court, so the application remained pending because of the latches on the part of the petitioner alone. It is further informed that the learned Special Judge took cognizance of the offences on 22.04.2016 and thereafter the case has already been proceeded. It is stated that charges have been framed against all the accused persons including the petitioner under Sections 366-A, 370, 120-B, 109 read with Section 376 of the Indian Penal Code and Section 8 of the POCSO Act and Sections 4, 5 and 6 of the Immoral Traffic Prevention Act. The trial of the case has already started on 15.09.2016.

Taking note of the aforesaid averments made in the counter affidavit and the fact that nobody is appearing to press this writ application, it is dismissed.

(Rajeev Ranjan Prasad, J) Arvind/R.R.Ojha/Ved U T