Krishna Giri v. The State Of Bihar Through Its Home Secretary, Old Secretariate, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1074 of 2017 Arising Out of PS. Case No.-12 Year-2010 Thana- CHHATAUNI District- East Champaran ====================================================== Krishna Giri Son of Late Kapildeo Das, Resident of Village- Ramgarh Mahuawa, P.S.- Pipra Kothi, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State Of Bihar through its Home Secretary, Old Secretariate, Patna 2.

The D.G.P. Govt. of Bihar, Patna.

3.

The I.G. Prison, Govt. of Bihar, Patna.

4.

The Superintendent of Police, East Champaran. 5.

The Collector, East Champaran.

6.

The Jail Superintendent, Motihari Central Jail, East Champaran. 7.

The Jail Superintendent , Central Jail, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Respondent/s :

Mr.Prabhat Kumar Verma, Aag-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2020 The present petition has been filed for directing the learned court below to conclude the trial pertaining to Sessions Trial No. 819 of 2016 (Chhatauni P.S. Case No. 12 of 2010) in view of the order dated 17.05.2017 passed by a coordinate Bench of this Court in Criminal Misc. No. 23127 of 2017, relevant portion whereof is reproduced herein below:- "Now the trial has commenced in this case. In that view of the matter, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same within a period of six months." This Court finds that despite the direction of this Court to conclude the trial within a period of six months, issued as far back as on 17.05.2017, the on going trial pertaining to

Patna High Court CR. WJC No.1074 of 2017(3) dt.09-01-2020 2/2 Sessions Trial No. 819 of 2016 (State Vs. Vijay Yadav/ Krishna Giri & Ors.), is stated to be pending before the learned court of Additional District & Sessions Judge, Motihari, and is yet to attain finality.

Having regard to the facts and circumstances of the case, this Court deems it fit and proper to direct the learned court below, in seisin of the aforesaid trial, to ensure completion of the on going trial within a period of six months from today and in the meantime, a weekly report of the progress of the trial should be furnished before the learned Registrar General of this Court.

This Court further directs that in case the trial is not concluded within a period of six months from today, records of this case shall be placed before this Court for taking appropriate action against the learned court below.

The present petition stands disposed off on the aforesaid terms.

Let a copy of this order be transmitted to the learned District Judge, Motihari for ensuring compliance. (Mohit Kumar Shah, J) S.Sb/- U T