The Patna High Court disposed of an application seeking quashing of a criminal trial in a private family dispute. The court directed the Trial Court to expedite and conclude the trial within three months.
Disposed of application with direction to Trial Court to conclude trial within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39692 of 2015
Arising Out of PS. Case No.-67 Year-2014 Thana- PUSA District- Samastipur
======================================================
Viveka Nand Sharma @ Dr.viveka Nand Sharma Son of late Satya Narain Ray resident of village- Adrash Colony P.s Ramna, District Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Subodh Prasad, Adv. For the Opposite Party/s : Mr.Rajeev Nayan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
3 13-03-2023
Heard learned counsel for the petitioner and the
State.
This is an application for quashing of the order dated 15.3.2015 passed by the learned Judicial Magistrate, 1st Class, Samastipur in Pusa P.S. Case No. 67 of 2014, T.R. No. 1600 of 2015 whereby and whereunder cognizance was taken under Sections 341, 323, 504 of the Indian Penal Code against the petitioners.
It has been fairly submitted by the learned counsel for the petitioner that both the parties are brother and for the ends of justice and in view of the fact that both are elderly persons, the matter be taken to the logical conclusion.
He as such submits that the petitioner will be satisfied if the trial is concluded within a time frame.
Patna High Court CR. MISC. No.39692 of 2015(3) dt.13-03-2023 2/2
It is further informed that the witnesses have been
examined and the trial is on.
In view of the said fair submission, the petition stands disposed of with a direction to the learned Trial Court to take appropriate steps and go through day to day hearing so the matter is disposed of finally preferably within a period of three months.
Accordingly, the petition stands disposed of.
(Rajiv Roy, J)
Ajay Singh/-
U T
1 issue framed by the court
Whether to allow quashing of proceedings in a private family dispute between elderly brothers?
Viveka Nand Sharma @ Dr. Viveka Nand Sharma
The State Of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
