Dismissed

Shivji Singh and Anr. v. The State of Bihar And Anr.

Patna HC11 Apr 2023CR. MISC./5981/2019

Case brief

AI extract

What is this about?

The High Court dismissed three criminal miscellaneous petitions filed for interim protection. The bench revoked the interim orders and directed the trial court to conclude the proceedings within six months, citing the petitioners' failure to execute a settlement agreement promptly.

What did the court decide?

Interim orders of protection recalled; trial court directed to conclude trial within six months.

Shivji Singh and Anr. Vs The State of… — Constitutional and Fundamental Rights | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5981 of 2019

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Arising Out of PS. Case No.-242 Year-2017 Thana- RUNISAIDPUR District- Sitamarhi

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======================================================

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Shivji Singh and Anr Late Ram Lalin Singh Resident of Village-Sultanpur (East), P.S.- Mohiuddin Nagar, District-Samastipur, presently R/o- Beniyadi Jamwad, Koliari Area-5, P.O.- Parsia, P.S.-Andal, District-Bardhman, West Bengal

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Shail Devi Shivji Singh Resident of Village-Sultanpur (East), P.S.Mohiuddin Nagar, District-Samastipur, presently R/o- Beniyadi Jamwad, Koliari Area-5, P.O.- Parsia, P.S.-Andal, District-Bardhman, West Bengal

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... ... Petitioner/s

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Versus

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The State of Bihar And Anr.

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Nigam Singh D/o-Late Ramji singh, w/o-Late Randhir Singh Resident of village-Sultanpur (East), Presently ,R/O-Village-Dhanushi, P.S.Runnisaidpur, District-Sitamarhi

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 5974 of 2019

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Arising Out of PS. Case No.-242 Year-2017 Thana- RUNISAIDPUR District- Sitamarhi

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======================================================

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Sanjay Singh and Ors. S/o Shivji Singh village-Sultanpur(East), P.SMohiuddin Nagar, Distt.-Samastipur, Presently R/o-Beniyadi Jamwad, Koliari Area-5, P.O-Parsia, P.S-Andal,

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Seema Singh W/o Sanjay Singh village-Sultanpur(East), P.S-Mohiuddin Nagar, Distt.-Samastipur, Presently R/o-Beniyadi Jamwad, Koliari Area-5, P.O-Parsia, P.S-Andal,

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Anju Singh W/o Mritunjay Singh village-Sultanpur(East), P.S-Mohiuddin Nagar, Distt.-Samastipur, Presently R/o-Beniyadi Jamwad, Koliari Area-5, P.O-Parsia, P.S-Andal,

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... ... Petitioner/s

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Versus

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State Of Bihar and Anr. Bihar

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Nigam Singh D/o Late Ramji Singh Wife of Late Randhir Singh, villageSultanpur(East), P.S. Mohiuddin Nagar, Distt.-Samastipur, Presently, villageDhanushi, P.S-Runnisaidpur,Distt.-Sitamarhi.

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 6298 of 2019

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Arising Out of PS. Case No.-242 Year-2017 Thana- RUNISAIDPUR District- Sitamarhi

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Patna High Court CR. MISC. No.5981 of 2019 (8) dt.11-04-2023 2/4

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======================================================

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Vishun Singh and Anr Son of Late Ram Lalin Singh Resident of Village - Sultanpur (East), P.S.- Mohiuddin Nagar, District - Samastipur, Presently Resident of Beniyadi Jamwad, Koliari Area-5, P.O.-Parsia, P.S. - Andal, District- Bardhman, West Bengal.

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Munni Devi @ Lal Mani Devi @ Munni Singh Wife of Vishun Singh Resident of Village - Sultanpur (East), P.S.- Mohiuddin Nagar, District - Samastipur, Presently Resident of Beniyadi Jamwad, Koliari Area-5, P.O.Parsia, P.S. - Andal, District- Bardhman, West Bengal.

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... ... Petitioner/s

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Versus

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The State of Bihar and Anr 2. Nigam Singh D/o- Late Ramji Singh, W/o-Late Randhir Singh Resident of Village - Sultanpur (East), P.S.- Mohiuddin Nagar, District - Samastipur Presently, Resident of Village - Dhanushi, P.S.- Runnisaidpur, DistrictSitamarhi

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... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 5981 of 2019) For the Petitioner/s : Mr.Ravindra Kumar For the Opposite Party/s : Mr.Navin Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 5974 of 2019) For the Petitioner/s : Mr.Ravindra Kumar For the Opposite Party/s : Mr.Navin Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 6298 of 2019) For the Petitioner/s : Mr.Ravindra Kumar For the Opposite Party/s : Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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8 11-04-2023 Heard the parties.

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It seems that the petitioners are taking the matter

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very casually. Despite having entered into a compromise, they are not making the payment of Rs. 15,00,000/- to the opposite party no.2 and are sitting over the matter. Today, learned counsel for the petitioners has submitted that the petitioners may be allowed to make the payment in installment.

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This case has been heard on 16.05.2019,

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Patna High Court CR. MISC. No.5981 of 2019 (8) dt.11-04-2023 3/4

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27.06.2019, 04.11.2019, 11.08.2022 and 01.09.2022.

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On 11.08.2022 the following order was passed:-

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Learned counsel for the petitioners prayed for adjournment, as settlement of differences between the parties, are under progress.

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In view of the submission as made, put up this case on 01.09.2022, retaining its own position.

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On 01.09.2022 the following order was passed:-

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As prayed for on behalf of the parties, put up these cases on 08.09.2022, retaining its own position.

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On 8.09.2022 the following order was passed:-

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Learned counsel for the petitioners requests to adjourn this matter for any further suitable dated. Request allowed.

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Put up this case on 15.09.2022, retaining its position.

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It appear from the records that once the petitioners

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were granted interim protection, they have been taking the matter very casually and intention to settle the dispute after payment of the amount as agreed between the parties is not there.

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These applications are dismissed and the interim orders of protection granted in favour of the petitioners are hereby recalled.

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The Court below is directed to proceed against all

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Patna High Court CR. MISC. No.5981 of 2019 (8) dt.11-04-2023 4/4

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the petitioners regularly on day-to-day basis and conclude the trial within six months from today, without adjourning the case unnecessarily.

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Let a copy of this order be communicated to the District Judge, Sitamarhi through FAX or e-mail forthwith.

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The trial Court is directed to send a report after three months.

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(Sandeep Kumar, J)

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Guddu/- U T

Shivji Singh and Anr. v. The State of Bihar And Anr.

Case brief

What is this about?

What did the court decide?

Shivji Singh and Anr. v. The State of Bihar And Anr.

Case brief

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What did the court decide?

What the court decided

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