Sultan @ Dilshad @ Khurshid Alam @ Md. Khurshid Alam v. The State Of Bihar Through The Law Secretary, Govt. Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.55 of 2024 Arising Out of PS. Case No.-278 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== Sultan @ Dilshad @ Khurshid Alam @ Md. Khurshid Alam Son of Abdul Rahman, R/O Village- Sakri Chindu Tola, Manvriava, P.S.- Sakri, Dist.- Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar Through The Law Secretary, Govt. Of Bihar, Patna Bihar 2.
The Registrar, Civil Court, Bettiah West Champaran 3.
Smt. Reza Praveen Wife Of Sultan, D/O Abdul Hafiz, R/O Village- Manshu Tola, P.S.- Bettiah, (Mufassil), Dist.- Bettiah, West Champaran ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. U. K. Yadav, Advocate For the Respondent/s :
Mr. GP 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 23-01-2025 This is an application under Articles 226 and 227 of the Constitution of India for a direction upon the trial court for early disposal of S.C. No. 1528 of 2022 arising out of Bettiah Mufasil, P.S. Case No. 278 of 2021 under Sections 323/494/498(A)/504/506/34 of the IPC as well as Sections 3 and 4 of the Dowry Prohibition Act.
2. This Court is of the considered view that a direction for early disposal of a criminal case can be prayed for under the provision of Section 482 of the Code of Criminal Procedure. Articles 226/227 of the Constitution does not have any manner of application in respect of the prayer made by the petitioner.
Patna High Court CR. WJC No.55 of 2024(2) dt.23-01-2025 2/2 Section 482 of the Code of Criminal Procedure vests inherent power upon this Court to give any effect of any provision of the Code of Criminal Procedure. In the instant case, the allegation of the petitioner is that trial of the criminal case is not being proceeded with. The case is triable by the Magistrate. It is pending since 2021 without any progress.
3. Therefore, exercising the Court's power under Section 482 of the CrPC, the instant application is disposed of directing the learned trial court to dispose of the criminal case being S.C. No. 1528 of 2022 arising out of Bettiah Mufasil, P.S. Case No. 278 of 2021 pending before the learned Court of S.D.J.M., Bettiah expeditiously and preferably within four months from the date of communication of this order (Bibek Chaudhuri, J) Suraj Dubey/- U T