Disposed¶18

Sultan @ Dilshad @ Khurshid Alam @ Md. Khurshid Alam v. the State of Bihar through the Law Secretary, Govt. of Bihar, Patna

Patna HC23 Jan 2025CR. WJC/55/2024

Case brief

AI extract

What is this about?

Early disposal of criminal trial; speedy trial direction; Articles 226/227 maintainability versus Section 482 CrPC inherent powers; time-bound completion of trial within four months; S.D.J.M., Bettiah; S.C. No. 1528 of 2022; Bettiah Mufassil P.S. Case No. 278 of 2021; West Champaran; IPC Sections 323/494/498(A)/504/506/34; Dowry Prohibition Act Sections 3 and 4; Criminal Writ Jurisdiction Case; CR. WJC; Bibek Chaudhuri, J.; decision dated 23-01-2025; application disposed with direction, no costs or quantum.

What did the court decide?

Application disposed of with a direction to the learned trial court (S.D.J.M., Bettiah) to dispose of S.C. No. 1528 of 2022 expeditiously and preferably within four months from the date of communication of the order. ¶18

Sultan @ Dilshad @ Khurshid Alam @ Md. Khurshid Alam Vs the… — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether an application under Articles 226/227 of the Constitution of India seeking a direction for early disposal of a pending criminal trial is maintainable, or whether such a prayer falls to be made under Section 482 of the Code of Criminal Procedure. +1 more

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Court's answer

Articles 226/227 of the Constitution have no manner of application in respect of the petitioner's prayer for a direction for early disposal of a criminal case.

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Ratio / Principle

A direction for early disposal of a criminal case can be prayed for under Section 482 of the Code of Criminal Procedure, which vests inherent power upon the Court.

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Key takeaways

Exercising its inherent power under Section 482 CrPC, the Court disposed of the application directing the learned trial court to dispose of the criminal case being S.C. No. 1528 of 2022.ratio¶18
The direction was for disposal of the case pending before the learned Court of S.D.J.M., Bettiah expeditiously and preferably within four months from the date of communication of the order.ratio¶18

Detailed headnote1 paragraphs

Criminal Writ Jurisdiction (Patna High Court, Bibek Chaudhuri, J.), 23-01-2025 — Petition under Articles 226 and 227 of the Constitution seeking early disposal of S.C. No. 1528 of 2022 (arising out of Bettiah Mufassil P.S. Case No. 278 of 2021, Sections 323/494/498(A)/504/506/34 IPC and Sections 3 and 4 Dowry Prohibition Act) pending before the S.D.J.M., Bettiah since 2021 without progress: Held, Articles 226/227 have no manner of application to a prayer for early disposal of a criminal case; such a direction is properly sought under Section 482 CrPC, which vests inherent power on the Court. Exercising that power, the application was disposed of directing the trial court to dispose of the case expeditiously, preferably within four months from communication of the order. No precedent was cited or considered.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.55 of 2024

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Arising Out of PS. Case No.-278 Year-2021 Thana- MUFFASIL District- West Champaran

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

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Sultan @ Dilshad @ Khurshid Alam @ Md. Khurshid Alam Son of Abdul Rahman, R/O Village- Sakri Chindu Tola, Manvriava, P.S.- Sakri, Dist.Madhubani

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... ... Petitioner/s

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Versus

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The State of Bihar Through The Law Secretary, Govt. Of Bihar, Patna Bihar

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The Registrar, Civil Court, Bettiah West Champaran

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Smt. Reza Praveen Wife Of Sultan, D/O Abdul Hafiz, R/O Village- Manshu Tola, P.S.- Bettiah, (Mufassil), Dist.- Bettiah, West Champaran

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... ... Respondent/s

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

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2 23-01-2025

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This is an application under Articles 226 and 227 of

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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.

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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.

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Patna High Court CR. WJC No.55 of 2024(2) dt.23-01-2025 2/2

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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.

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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

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(Bibek Chaudhuri, J)

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Suraj Dubey/-

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U T

Sultan @ Dilshad @ Khurshid Alam @ Md. Khurshid Alam v. the State of Bihar through the Law Secretary, Govt. of Bihar, Patna

Case brief

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What did the court decide?

Sultan @ Dilshad @ Khurshid Alam @ Md. Khurshid Alam v. the State of Bihar through the Law Secretary, Govt. of Bihar, Patna

Case brief

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What the court decided

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