Praveen Kumar @ Praveen Kumar Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7544 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Praveen Kumar @ Praveen Kumar Sharma S/o Satyendra Singh @ Satyendra Prasad Sharma, R/o Village- Barahiya Tola Gaur, Ward No.8, P.S.- Barahiya in the District of Lakhisarai.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Sanjeev Kumar S/o Late Baban Singh, R/o Village- Barahiya Tola Gaur, Ward no.8, P.S.- Barahiya in the District of Lakhisarai. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar, Advocate For the Opposite Party/s :
Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The learned counsel for the petitioner after arguing vehemently for some time submits that the petitioner would be satisfied in the event if the S.D.M., Lakhisarai is directed to dispose of Case No.45M2 of 2017 expeditiously and within a fixed time.
3. The learned counsel for the petitioner next submits that the O.P. No.2 herein had filed an application before the S.D.M., Lakhisarai alleging therein that the petitioner has
Patna High Court CR. MISC. No.7544 of 2018(2) dt.02-01-2024 2/3 constructed a hand pump and stair causing blockage of the passage, further the petitioner was asked to file his reply and a report was also sought from the concerned Officer-in-charge and the Circle Officer and the S.D.M. based on the report of the Circle Officer and the Officer-in-charge of the concerned P.S. and after considering the reply of the petitioner came to a conclusion that the case regarding blockage of passage has been made out warranting a proceeding to be initiated under Section 147 Cr.P.C.
4. The learned counsel for the petitioner next submits that without appreciating the facts of the case in its correct perspective and without taking into consideration Annexure-3 and Annexure-4 to the quashing application the S.D.M., Lakhisarai in a mechanical manner passed the order impugned which is under challenge in the present quashing application.
5. The learned counsel for the petitioner thereafter submits that the matter is pending considerations since 2017 which is causing hardship to the petitioner, as such seeks a direction upon the SDM, Lakhisarai to decide the case expeditiously.
6. Considering the submission made by the learned counsel for the petitioner the SDM, Lakhisarai is directed to
Patna High Court CR. MISC. No.7544 of 2018(2) dt.02-01-2024 3/3 dispose of Case No.45M2 of 2017 expeditiously and preferably within a period of six months from the date receipt/production of a copy of this order without giving unnecessary adjournments to either of the parties.
7. The quashing application is disposed of.
(Satyavrat Verma, J) Prakash Narayan U T