Akhilesh Prasad Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Akhilesh Prasad Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing application disposed of without going into merits and without interfering with the impugned order dated 28.11.2022; sole relief is the direction that the learned trial court conclude the trial expeditiously, preferably within nine months from receipt/production of a copy of the order.

Issue for consideration

Whether the quashing application directed against the order dated 28.11.2022 passed in Criminal Complaint Case No.780/2019 should be entertained and granted on merits (ultimately not pressed; disposal sought with an expedited-trial direction).

Ratio / Principle

The Court decided the matter without going into the merits of the quashing application.

Key takeaways

The case was disposed of without interfering with the impugned order dated 28.11.2022 passed by Mrs. Neha Dayal, Judicial Magistrate 1st Class, Aurangabad, in Criminal Complaint Case No.780/2019.ratio¶20
The trial court was directed to try to conclude the trial expeditiously and preferably within a period of nine months from the date of receipt/production of a copy of this order.ratio¶20
The disposal rested on the joint position of counsel: the petitioner's counsel sought disposal with an expedited-trial/time-frame direction, and the learned senior counsel for O.P. No.2 raised no objection to that submission.

Detailed headnote1 paragraphs

Patna High Court, Cr. MISC. No.15962 of 2023 (arising out of PS. Case No.-780 Year-2019, AURANGABAD COMPLAINT CASE, District Aurangabad), oral order of Satyavrat Verma, J, dated 02-01-2024. Petitioner Akhilesh Prasad Singh had sought quashing of the order dated 28.11.2022 passed by Mrs. Neha Dayal, Judicial Magistrate 1st Class, Aurangabad, in Criminal Complaint Case No.780/2019 (opposite parties: State of Bihar and Kumar Gaurav). During argument, counsel for the petitioner withdrew the merits and sought only disposal with a direction for an expeditious, time-framed trial; senior counsel Mr. Yogesh Chandra Verma for O.P. No.2 raised no objection. The Court, without going into the merits and without interfering with the impugned order, disposed of the quashing application with a direction that the trial court try to conclude the trial expeditiously, preferably within nine months from receipt/production of a copy of the order. No statute or precedent was cited; single-judge order, no dissent.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15962 of 2023

Arising Out of PS. Case No.-780 Year-2019 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad

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

AKHILESH PRASAD SINGH Son of Late Devmuni Singh R/v- Ramabandh Bigha, P.S.- Aurangabad, District- Aurangabad

... ... Petitioner/s

Versus

The State of Bihar

Kumar Gaurav Son of Sri Anant Vijay Prasad Singh R/v- Karma Bhagwan, P.S.- Aurangabad (Muffasil), District- Aurangabad

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s : Mr. Santosh Kumar Pandey, Adv. For the Opposite Party/s : Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 02-01-2024

Heard the learned counsel for the petitioner and the

learned APP for the State along with learned senior counsel for the O.P. No.2 Mr. Yogesh Chandra Verma.

The learned counsel for the petitioner after some arguments submits that the petitioner would be satisfied in the event if the quashing application is disposed of with a direction that the trial be concluded expeditiously and within a time frame.

The learned senior counsel on behalf of the O.P. No.2 does not object to said submission of the learned counsel for the petitioner.

The Court without going into the merits of the case

Patna High Court CR. MISC. No.15962 of 2023(3) dt.02-01-2024 2/2

and without interfering with the order impugned i.e. 28.11.2022, passed by Mrs. Neha Dayal, learned Judicial Magistrate 1^st Class, Aurangabad in Criminal Complaint Case No.780/2019, dispose of the case with a direction that the learned trial court shall try to conclude the trial expeditiously and preferably within a period of nine months from the date of receipt/production of a copy of this order.

The quashing application is disposed of.

(Satyavrat Verma, J)

amit/-

U T