Supreme Court stays summon order by Sessions Court endorsed by Justice Rajiv Roy of Patna High Court

In Keshaw Mahto @ Keshaw Kumar Mahto vs. The State of Bihar & Anr. (2025), Supreme Court's Division Bench of Justices J.B. Pardiwala and R. Mahadevan condoned the delay and passed the order staying the order of the Sessiosn Court. The 1-page long order dared August 8, 2025 reads: "In the meantime, the order passed by the Sessions Court summoning the petitioner herein to face the trial shall remain stayed from its operation." 

Earlier, in Keshaw Mahto @ Keshaw Kumar Mahto vs. The State of Bihar & Anr. (2025), Justice Rajiv Roy of Patna High Court had passed a 4-page long order dated February 15, 2025. The appellant had preferred an appeal for “quashing the order dated 09.10.2020 passed by the learned III Additional Sessions Judge-cum- Special Judge SC/ST, Bhagalpur passed in Shivnarayanpur, Kahalgaon, P.S. Case No. 451/2019 (G.R. No. 108/2019) offences alleged u/s 341, 323, 504, 506 and 34 of the I.P.C. and 3(i) (2) (s) SC/ST Act. Pending in the Court of III, Additional District and Sessions cum Special Judge, SC/ST, Bhagalpur.”

As per the prosecution story, the informant had alleged that while sitting with his friend at Aanganwari Center at Santhali Tola, in the meantime, the accused persons including one Jaynath Mahto (Mukhiya) came and after abusing and by taking caste name, resorted to assault. This was witnessed by the villagers. As the informant fled away from the scene, the allegation is that certain ornaments were also snatched. This led to the FIR. Subsequently, the matter was investigated whereafter it traveled to the Court of learned III Additional Sessions Judge-cum-Special Judge, SC/ST Act, Bhagalpur and after taking note of the FIR as also the witnesses, statement in paragraphs 3, 6 and 7, vide an order dated October 9, 2020, cognizance was taken in the matter. 

The appellant submitted that the occurrence had taken place at Aanganwari Center which is not an open place, an exaggerated version was presented and the Court in that background, erred in taking cognizance which needs interference.

Justice Roy observed: "10. Having heard the parties and perusing the record, a perusal of the FIR would show that the appellant is talking about the Anganwari Center and not the same inside the room. Further, as pointed out learned Spl.P.P. several names of the locals have been incorporated in the FIR who witnessed the occurrence. 11. In that background, the concerned Court was fully justified in taking up the matter and passing an order of cognizance against the appellant. 12. In that background, no interference is required. 13. Both the Interlocutory Application as well as present appeal stand dismissed."

Supreme Court sets aside bail rejection order by Justice Satyavrat Verma

In Uday Pratap Singh vs. The State of Bihar (2025), Supreme Court's Division Bench of Justices B.V. Nagarathna and K.V. Viswanathan passed a 5-page long order dated August 8, 2025 setting aside the 2-page long order dated  April 4, 2025 by Justice Satyavrat Verma of Patna High Court in Uday Pratap Singh vs. The State of Bihar (2025). Justice Verma had rejected the second anticipatory bail application of the petitioner who apprehend his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 498A and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act. 

The Supreme Court's order arose from appeal which arose out of crime registered pursuant to FIR No.36 of 2023 dated August 2, 2023 lodged with Police Station Sub Division Sadar, District Aurangabad, Bihar. Apprehending arrest in connection with the said crime, the appellant had preferred anticipatory bail petition before the Additional Sessions Judge-X, Aurangabad which was rejected by order dated November 3, 2023. The appellant had preferred another anticipatory bail application before the same court, which was again rejected by order dated November 16, 2024. Thereafter, the appellant sought anticipatory bail from the High Court, which was also rejected. By order dated May 26, 2025, while issuing notice, Supreme Court had granted interim protection in favour of the appellant. The Court observed: "The appellant is seeking relief on the principle of parity since his wife and daughter have been granted the relief of anticipatory bail. Therefore, he submitted that the interim protection granted by this Court vide interim order dated 26.05.2025 may be made absolute, subject to the terms and conditions to be imposed by this Court....Considering the circumstances on record, in our view, the appellant is entitled to the relief of anticipatory bail claimed....We, therefore, allow this appeal and set aside the order passed by the High Court of Judicature at Patna dated 04.04.2025."

In Uday Pratap Singh & Ors.vs. The State of Bihar (2024) Justice Verma's 3-page long order dated May 6, 2024, had dismissed the first anticipatory bail application was dismissed as withdrawn. The other petitioners were Pushpa Singh and Priya Kumari @ Priya. The order recorded that notice under Section 41A of the Cr.P.C. was issued to Uday Pratap Singh, the petitioner no. 1, based on which, he appeared before the police but then he "tore the notice in presence of the investigating officer for which a case under Section 107 of the Cr.P.C." was instituted.

It also recorded that  Pushpa Singh and Priya Kumari, the petitioner nos. 2 and 3 were mother-in-law and unmarried sister-in-law. It was two married sister-in-laws were granted the privilege of anticipatory bail by order dated May 6, 2024 in Neha Singh @ Neha & Anr. vs. The State of Bihar (Criminal Miscellaneous No. 83934 of 2023). It was also submitted that privilege of anticipatory bail was granted to the married sister-in-laws on merit. Seeking parity, the counsel submitted that petitioner nos. 2 and 3 be also granted the privilege of anticipatory bail. 

Neha Singh and Divya Singh, the petitioners who were granted anticipatory bail, had submitted that the informant had falsely implicated them in order to coerce their brother into submission. Although the informant alleged that on alarm, neighbours came, but then name of the neighbours was not disclosed in the FIR which casts an aspersion on the case of the prosecution. 

Justice Verma's 3-page long order noted that the APP of the State and the counsel appearing on behalf of the informant were  not in a position to rebut the submission by the petitioners' counsel that the name of the neighbours was not disclosed in the FIR and petitioners were married sister-in-laws and resides separately. 

 

Supreme Court adjudicates case of "a deeply anguished Judge of the Allahabad High Court"

In XXX v. Union of India (Diary No. 38664/2025), Supreme Court's Division Bench of Dipankar Datta and Justice A.G. Masih dismissed the writ petition filed by Justice Yashwant Varma challenging the in-house procedure and its outcome, including the recommendation forwarded by then Chief Justice of India Sanjiv Khanna.  It observed, “The challenge on the ground that it violates Articles 214 and 217 of the Constitution is without merit.” The Court's judgment reads:“The allegation that the Chief Justice of India or the Committee acted in deviation from the prescribed procedure is incorrect. The process was meticulously followed, except for the non-uploading of videos, which was not raised as a grievance.” The observed: “It is not unconstitutional for the Chief Justice of India to forward the report to the President.” The court noted, “The contention that the petitioner was not heard holds no weight, as personal hearing is not part of the procedure and was not required.” It also rejected petition filed by Advocate Mathews J. Nedumpara seeking a criminal investigation. 

Earlier, Chief Justice of India, B. R. Gavai on July 23, 2025, recused himself from hearing the challenge filed by Justice Yashwant Varma against the in-house inquiry and the recommendation for his removal, stating, “I was part of the conversation.” 

On July 30, the Court had reserved its judgment in the matter. Senior Advocate Kapil Sibal argued, “This so-called in-house procedure is not backed by statute or the Constitution... What is the source of power?” Justice Datta questioned the delay in challenging the report, observing, “You wait for the inquiry to be over. You wait for the finding. Then you challenge it. That shows something,” and added, “This is not a decision. This is a recommendation. There is a difference.” The Court also warned Advocate Mathews Nedumpara against misleading it by accessing a confidential report: “We will be compelled to take action if you have misled the Court."

Justice Varma had approached the Supreme Court seeking to quash the findings of the in-house committee and the recommendation made by then Chief Justice of India Justice Sanjiv Khanna following the alleged recovery of charred high-denomination notes from his official residence in March 2025. In his petition, Justice Varma had submitted that he was not present in Delhi during the fire and had no knowledge of any cash. The inquiry process violated natural justice, denied him a hearing, reversed the burden of proof, and operated without a formal complaint.Such proceedings bypass Parliament’s role under Articles 124 and 218. He had prayed to the Supreme Court to declare that in-house committee’s report and the recommendation dated May 8, 2025 be declared unconstitutional and void.

Justice Sudhir Singh led bench upholds verdict by Justice Anjani Kumar Sharan, resusing to interfere with State govt's policy decision

In Payal Singh vs. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar & Ors. (2025), Patna High Court's Division Bench of Justices Sudhir Singh and Ramesh Chand Malviya delivered a 10-page long judgement dated July 5, 2025 dismissing the petition.The judgement authored by Justice Singh reads:"We have heard the learned counsel for the parties and have also gone through the impugned order passed by the learned Single Judge. The only question that arises for consideration by this Court is whether the order passed by interference. 10. We find no valid reason to interfere with the order passed by the learned Single Judge. Fixation of salary and grant of pay scale in service is a matter of policy to be decided by the employer, i.e., the State Government, and this Court should not interfere in such policy decisions....11. It is a settled position of law that the terms and conditions of service are to be governed by either the advertisement or the appointment letter, subject to not being in contravention to any statutory rules or circulars having statutory force. Therefore, in the present case, the issue of entitlement of salary/pay scale is to be governed by approval of appointment made by the Director, Secondary Education. 12. Accordingly, we do not find any merit in this appeal, and the same is dismissed." 

In Payal Singh vs. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar & Ors. (2024), Justice Anjani Kumar Sharan had delivered a 15-page long judgement dated March 14, 2024. Justice Sharan concluded: "14. Considering the facts and circumstance of the case, argument of the parties and from perusal of the records it is fact that the fixation of salary etc., is the policy decision of the State Government and the Court is not in a position to interfere in the policy decision of the Government, accordingly, this writ petition is dismissed."  The petitioner had prayed for issuance of a writ in the nature of Certiorari or any other appropriate writ, order or direction to quash that part of the order contained in letter no. 768 dated 10.09.2014 issued by the Director Secondary Education Bihar, basing himself on Education Department Memo no.921 dated 8.8.2013, to the extent it directs fixation of salary of teachers appointed in aided minority schools on par with teachers appointed in Govt taken over schools under the Teacher appointment Rules 2006. She had prayed for quashing the Department Resolution /order contained in Education Department Memo No. 921 dated 8-8-2013 in that it, wholly ignoring the nature of appointment made against existing vacancy in sanctioned existing post and directing fixation of pay of teachers appointed in minority schools on par with Niyojan teachers appointed under Teacher appointment Rules 2006 as it infringes right of minorities under article 30 of the
Constitution of India. She wanted the state Respondents to re-fix the pay scale of the petitioner under the 6th pay scale as applicable to the Assistant Teachers appointed against vacancy in sanctioned post of teachers in aided Minority Secondary Schools which is to be on par with the pay scale of assistant teachers under regular appointment against post of teachers in Government Secondary Schools. She sought a direction to the state respondents to pay the Arrears of salary due to the petitioner from April 2, 2012 the date of appointment of petitioner up to date with interest for the period of delay in actual payment.

In Amber Imam Hashmi v. The State of Bihar & Anr. Criminal Miscellaneous No.43259 of 2025, Patna High Court's, Justice Chandra Shekhar Jha observed:"....there is no occasion to interfere with the impugned orders as passed by learned trial court, accordingly the present quashing petitions stand dismissed being devoid of any merit. 28. The speedy trial is not the right of the accused only, it is also the right of the victim also. However, by taking guiding note of the Nathilal case (supra), the cross case which was lodged for the same occurrence as Bishanpur P.S. case No. 57 of 1994, by petitioners side for which the Sessions Trial No. 395 of 1998 is pending before the Court of Additional Session Judge VII, Darbhanga/ or in any other court shall be transferred to the Court of Additional Session Judge III, Darbhanga, where the present case is pending and to proceed accordingly." In Nathi Lal and Ors. vs. State of U.P. and Anr reported in 1990 Supp SCC 145, the Supreme Court reiterated in State of M.P. vs. Mishrilal and Ors. reported in AIR 2003 SC 4089, 

The Court in Nathilal vs. State of U.P. pointed out the procedure to be followed by the Trial Court in the event of cross cases. It was observed thus:-

"We think that the fair procedure to adopt in a matter like the present where there are cross cases, is to direct that the same learned Judge must try both the cross cases one after the other. After the recording of evidence in one case is completed, he must hear the arguments but he must reserve the judgment. Thereafter he must proceed to hear the cross case and after recording all the evidence he must hear the arguments but reserve the judgment in that case. The same learned Judge must thereafter dispose of the matters by two separate judgments. In deciding each of the cases, he can rely only on the evidence recorded in that particular case. The evidence recorded in the cross case cannot be looked into. Nor can the judge be influenced by whatever is argued in the cross case. Each case must be decided on the basis of the evidence which has been placed on record in that particular case without being influenced in any manner by the evidence or arguments urged in the cross case. But both the judgments must be pronounced by the same learned Judge one after the other."

In the instant case the quashing petition preferred under Section 528 and 529 of the Bhartiya Nagarikl) Suraksha Sanhita, 2023 (BNSS) praying for quashing of the order dated June 20, 2025 passed by Additional District and Sessions Judge III, Darbhanga, in Sessions Trial No. 326 of 1999/ registration no. 3038 of 2014, arising out of Bishanpur P.S. Case No 58 of 1994 for petitioner namely, Amber Imam Hashmi and quashing of the order dated June 20, 2025 passed by Additional District and Sessions Judge III, Darbhanga, in Sessions Trial No. 320 of 2010/ registration no. 3037 of 2014, arising out of Bishanpur P.S. Case No 58 of 1994 for petitioner namely, Kausar Imam Hashmi. Both petitioners /accused had preferred application before trial court for their representation under Section 317 of the Criminal Procedure Code (Cr.P.C.), which was rejected through impugned order and thereafter the bail bond of both petitioners was canceled, subsequent to that the accused petitioner, namely, Amber Imam Hashmi ( of Cr.

Misc. No. 43259 of 2025) who was present in court, was taken into custody and remanded to jail, whereas the NBW was issued against another accused /petitioner, namely Kausar Imam Hashmi (of Cr. Misc No. 43260 of

2025). Both accused petitioners are active practitioners of the District Civil Court, Darbhanga.

As a matter of subsequent development the

accused petitioner, namely, Amber Imam Hashmi was granted provisional bail vide order dated June 24, 2025 by trial court, whereas the execution of NBW qua accused petitioner, namely, Kausar Imam Hashmi, was stayed provisionally till June 27, 2025. These orders were also challenged saying trial court out of its biased approach inserted some onerous condition.

The counsel for the petitioners had prayed for the quashing of certain remarks while granting provisional bail to the petitioner namely, Amber Imam Hashmi, and also certain

observations made by the learned trial court because it appeared contemptuous and were imposed with a biased approach. It was also prayed that these prayers were raised

through I.A. No. 01 of 2025 as preferred in both the petitions separately. To understand the factual background, it is important to mention that for the crime in question, two separate FIRs were lodged. The first FIR was Bishanpur P.S. Case No. 57 of 1994 lodged by the petitioners side, in counter to which Bishanpur P.S. Case

No. 58 of 1994 was lodged, where the petitioners are accused. Bishanpur P.S. Case No. 58 of 1994 was lodged for the offences punishable under Section 307 of the Cr.P.C. alongwith other allied sections of IPC along with Arms Act, which later on converted to 302 of IPC. For Bishanpur P.S. Case No. 57 of 1994, Sessions Trial no.

395 of 1998 is pending before the court of District and Additional Sessions Judge VII, Darbhanga.

6. To understand the factual aspects for

preferring the present criminal quashing petition, it would be apposite to reproduce the order dated June 20, 2025 as

passed in Sessions Trial No. 326 of 1999 by  Additional Sessions Judge III, Darbhanga. 

There were a total six accused persons facing trial in the present case. Originally, there were total 12 accused persons. One more sessions trial being Sessions Trial No. 320/2010 (CIS 3037/2014) stands separated from this trial. There is representation under section 317 of Criminal

Procedure Code, 1973 on behalf of the accused Amber Imam Hashmi, Raja Hashmi, Anjar Hussian and Mobin Hashmi. So far as the accused Ishmat Belal Hashmi and Jasim Nadaf are concerned, counsel for co-accused submits that they have died and in due course,

death certificate would be filed on or before the next date. So, now this case is for trial of four accused persons namely (1) Amber Imam Hashni (2) Raja Hashmi (3) Anjar Hashmi and (4) Mobin Hashmi subject to confirmation of death of co-accused persons. (ii) The accused Amber Imam Hashmi is an advocate of Darbhanga Bar Association. He appeared just after

about 01 hour from the time of filing representation for arguing in another case. 

The Court observed:"The record of this case speaks volume about the fact that all possible effort has been taken by the accused to delay the trial of this & case. In this regard, it would be sufficient to place on record that the

Hon'ble Court vide its order Judgement dated 21-04-2015 passed in Criminal Miscellaneous No.

27216/2004 had been pleased to direct the trial court to conclude the trial expeditiously. Para 5 of rejected judgement read as" since in this case discharge petition was rejected long back on July 3, 2004, while dismissing the present petition, it is desirable to direct  court below to proceed with the case expeditiously, so that the case may come to its logical end without unnecessary delay. While proceeding with the case, trial judge is required to take up this matter at

least thrice in a week. Office is directed to

communicate this order to the court below forthwith for its strict compliance." 

Further, the Hon'ble Court vide its order dated 16-04-2015 passed in Criminal Miscellaneous No. 44013 of 2012 had been pleased to observe "Since the criminal case was lodged way back in the year 1994 and since then more than 20 years

have already elapsed, therefore, the learned trial court is further directed to take up the trial of the accused persons on priority basis and make all endeavours to conclude the same at an early date preferably within a period of six months from the date of receipt/production of a copy of the present order. The learned trial court shall not grant unnecessary & case.

In this regard, it would be sufficient to place on record that the Hon'ble Court vide its order Judgement dated 21-04-2015 passed in Criminal Miscellaneous No. 27216/2004 had been pleased to direct the trial court to conclude the trial expeditiously. Para 5 of the said judgement read as" since in this case discharge petition

was rejected long back on 03-07-2004, while

dismissing the present petition, it is desirable to direct the court below to proceed with the case expeditiously, so that the case may come to its logical end without unnecessary delay. While proceeding with the case, learned trial judge is required to take up this matter at least thrice in a week. Office is directed to communicate this order to the court below forthwith for

its strict compliance." Further, the Hon'ble Court vide its order dated 16-04-2015 passed in Criminal Miscellaneous No. 44013 of 2012 had been pleased to observe "Since the criminal case was lodged way back in the year 1994 and since then more than 20 years have already elapsed, therefore, the learned trial court is further directed to take up the trial of the accused

persons on priority basis and make all endeavours to conclude the same at an early date preferably within a period of six months from the date ofreceipt/production of a copy of the present order. The learned trial court shall not grant unnecessary a  adjournment merely on asking either on behalf of the prosecution or on behalf of the defence." 

(iv) It is also appropriate to mention here that no stone has been left unturned to malign the Judicial Officer whoever took up this case and just to delay it either by the accused Amber Imam Hashmi or co-accused Kaushar Imam Hashmi. In this regard, Order dated 02-

06-2014, 06-06-20214 and 16-06-2014 passed by

then District Judge, Darbhanga is quite relevant to refer to which has been confirmed by the Hon'ble Court on being challenged. The then learned District Judge, Darbhanga vide its order dated 06-06-2014 had been pleased to observe vide para 5 that " Considering the aforesaid facts and also considering the submissions of the learned Incharge PP and also the accused Kaushar Imam Hashmi, one application which was filed on 03-06-2014 by the co-accused Amber Imam Hashmi is not maintainable and hereby rejected. The another application dated 03-06-2014 was filed by the accused Kaushar Imam Hashmi is only with a view to cast aspersion on judiciary. The accused persons are really

acting against the interest of administration of justice. The application dated 03-06-2014 filed by the accused in which false and malicious statement made by them amount to scandalising the court and undermining the majesty of justice and therefore, the application dated 03-06-2014 filed by the accused Kaushar Imam Hashmi is hereby rejected. 

The proceedings of the trial of the present case shall be continued from day to day until all the prosecution witnesses in attendance have

ben examined, irrespective of any hurdles that may be created by the accused persons." The conduct as mentioned in the order is just a tip of iceberg. It is an important to note that even the matters get delayed till date. (v) One more surprising thing which has been noticed by this court that records of this court stands manipulated. It appears that manipulation by putting blade cut on postmortem report is quite evident. Who did it and when it was done is a matter of inquiry because this records got transferred between several court and passes through hands of different office clerk

in the last several years but the possibility of

involvement of the accused cannot be ruled out for the reason that he is an ultimate beneficiary of such manipulation to delay the trial. This court would make endeavour to have second copy from the DMCH, Darbhanga as early as possible.

(vi) The profile of the accused is also needs to be taken into consideration. He is an advocate for the last 40 years. His two brothers are also practising lawyer in this court. One of them died during pendency of the case as submitted across the bench. They are highly influential. At least, the accused Amber Imam Hashmi is concerned, he does not hesitate to make unbecoming

behaviour contrary to the normal practice in the court room.

(vii) Now, once after filing representation, the accused Amber Imam Hashmi appeared in the court. This court ask him as to why he is ready to argue in another case and has filed representation in his own case. This court

further asked to at least go the dock and show respect to this court. He did not move from his chair. Even after repeated request, he did not go. He even tried to go from the court without following the order made by this court.

(viii) The present matter is old one. This needs to be disposed of quickly as per direction of the Hon'ble Court. This court is of the view that without taking the accused Amber Imam Hashmi into custody, the trial of 

In Neha Agrawal vs. Sumit Agrawal S/o Late Ashok Agrawal (2025), Patna High Court's Division Bench of Chief Justice Vipul M. Pancholi and Justice Partha Sarthy passed a 14-page long judgment dated 31, 2025 dismissed the petition of Neha Agrawal, the petitioner in person and who had filed the application under section 151 of the Code of Civil Procedure praying for modification of paragraph nos. 17(ii) and (iv) of the judgment dated November 29, 2024. Her application reads:“That the instant application has been filed before this Hon’ble Court with a prayer to Modify the paragraphs 17(ii) & (iv) of the Order dated 29.11.2014 (sic) and extend the time period to cross examine the PW 1 to 3 and file the list of witness till August-September, 2025.”

The petitioner and respondent were married on November 7, 2014 under the Special Marriage Act, 1954. Immediately after marriage, differences arose between the parties which led to filing of criminal cases and the respondent on September 30, 2016 filed a divorce case in the Court of the Principal Judge, Family Court, Patna, which was registered as Matrimonial Case no.1044 of 2016, praying that the marriage tie between the parties be annulled by a decree of divorce and for other reliefs. The petitioner had appeared in the matrimonial case and had filed her written statement.

The respondent being aggrieved with the delay in disposal of the matrimonial case moved the High Court under Article 227 of the Indian Constitution in civil miscellaneous jurisdiction of 2021, for a direction to the Additional Principal Judge, Family Court, Patna to expedite and dispose of matrimonial case of 2016. 

After hearing the parties, the Court by it's order dated December 3, 2021 was pleased to dispose it directing the learned Principal Judge, Family Court, Patna to make every endeavor to dispose of the divorce case as expeditiously as possible subject to any legal or procedural impediment.

The matrimonial case was being adjourned on one ground or the other, the respondent filed in 023 in the High Court under Article 227 of the Constitution praying for modification of the order dated December 3, 2021. It was stated that in the divorce case of the 2016, on filing of the written statement and the reconciliation having failed, three witnesses were examined on behalf of the respondent on May 4, 2019, May 28, 2019 and December 15, 2021, the suit was not progressing. She prayed that the order dated December 3, 2021 passed in CM no.269 of ,2021) be modified and time be fixed for disposal of matrimonial case of 2016 within a period of 3-4 months or as deemed fit/reasonable by the Court.

In MJC no.1804 of 2023, by order dated March 1, 2024, taking note of the fact that the divorce case was still pending inspite of the directions of this Court vide its order dated December 3, 2021 in Civil Miscellaneous Jurisdiction no.269 of 2021, the evidence of plaintiff had already concluded and the suit was running at the stage of the evidence of the defendant, the High Court directed the Family Court to provide opportunity of three dates to the defendant to conclude their evidence and tocM cnclude the divorce suit within a period of 3 months. By order dated May 1, 2024, taking note of submission of the petitioner, the Court also directed the Family Court to ensure that the remaining dues of the ad interim maintenance is paid and the application under section 340 of the Cr.P.C. was also decided expeditiously. With these directions as also reiterating to ensure compliance of the order dated March 1, 2024, MJC no.1804 of 2023 was disposed of.

In the meantime,Civil Miscellaneous Jurisdiction no.451 of 2019 had been preferred by the petitioner in the High Court challenging the order dated May 26, 2018 of the Family Court passed in Matrimonial Case no.1044 of 2016, whereby interim maintenance of Rs.50,000/- per month had been fixed besides one time litigation cost of Rs.50,000/-. The petitioner prayed for a direction to the respondent to pay a sum of Rs.3,50,000/- per month as interim maintenance and Rs.1,50,000/- as litigation cost.

The petitioner had also filed MJC no.3439 of 2024 for initiating contempt proceedings against the respondent for not producing his income tax returns inspite of the directions of the Court.

All the three cases i.e. LPA no.490 of 2024, Civil Miscellaneous Jurisdiction no.451 of 2019 and MJC no.3439 of 2024 were heard analogous and while LPA no.490 of 2024 was disposed of, the other two cases Civil Miscellaneous Jurisdiction no.451 of 2019 and MJC no.3439 of 2024 were directed to be posted before the learned Single Judge having roster. Relevant portion of the order dated November 29, 2024 reads: "“17. In the context of the above facts noticed, we are of the opinion that the appeal can be disposed of with the following directions:

(i) As undertaken by the husband, the Income Tax returns from the financial year 2015-16 shall be produced in C. Misc. No. 451 of 2019, where he is the respondent, within a period of ten days from today. The learned Single Judge would also be entitled to look into whether the interim maintenance as already ordered has been paid up to date and issue directions to that end.

(ii) Insofar as the divorce case is concerned, the husband’s undertaking that his witnesses will be produced is recorded. The husband shall file a schedule of dates for appearance of the witnesses, on any date, commencing from the first week of January, 2025, with P.Ws. No. 1, 2 and 3 appearing within ten days of each. The said schedule shall be filed before the Additional Family Court on or before 16.12.2024, on which date, the divorce case shall be posted peremptorily, by the Additional Family Court. Both the parties or their Counsel shall be present before Court. Before the learned Family Court, the respondent-wife shall also be heard insofar as her convenience with reference to the dates on which P.Ws. No. 1 to 3 are to be cross-examined and suitable adjustments shall be made; but however, ensuring that all the three witnesses are cross-examined on or before February, 2025. The application before the learned Family Court for recall of the witnesses will stand disposed of as per our directions hereinabove.

(iii) Insofar as the application under Section 340 of the Cr.P.C., the Additional Family Court, Patna, shall ensure that appropriate proceedings are taken, after hearing both the parties, if necessary, transmitting the case to the Jurisdictional Magistrate on satisfaction of the Additional Family Court.

(iv) After the cross-examination of P.Ws. No. 1, 2 and 3, the wife, opposite parry in the divorce case shall also produce a schedule of witnesses to be examined, before the Additional Family Court, Patna, on any date on the first week of February, 2025 as fixed by the Additional Family Court. After hearing both the parties, and ascertaining the convenience of the husband the Additional Family Court shall fix a schedule of examination of witnesses of the opposite party, which shall be scrupulously complied with by both the parties.

18. With the above observations and directions, we dispose of the present appeal and we make it clear that once the application under Section 340 of the Cr.P.C., is disposed off and if a criminal case is directed to be registered by the Additional Family Court, then necessarily, the divorce case shall be disposed of in accordance with our directions hereinabove, without waiting for conclusion of the criminal case. 

19. The contempt case, as of now, stands closed. If the Income Tax returns are not filed in accordance with the undertaking made herein, it shall stand restored before us, on an application filed by the appellant-wife. 

20. We place on record our appreciation for the assistance rendered by the Amicus Curiae.

21. LPA No. 490 of 2024 is disposed off. CWJC No.451 of 2019 and MJC No. 3439 of 2024 are directed to be posted before the learned Single Judge having roster.”

12. It is paragraph nos. 17(ii) and (iv) of the order dated 29.11.2024, of which modification is sought by the petitioner in the instant application. 

It was submitted by the petitioner that having been thrown out by the respondent while she was living with her aged and ailing parents in Kolkata, the respondent besides filing criminal cases with bogus allegations against her as also her parents, has filed the divorce case concealing material facts and making false representations therein. It was submitted that the respondent is not cooperating in the criminal case filed by the petitioner and has been praying for expeditious disposal of the false divorce case. She has also filed an application under Order XII Rule 6 of the Code of Civil Procedure in the divorce case which is still pending. As a result of false statements, a proceeding under section 340 of the Cr.P.C. has also been initiated against him. It was further submitted by the petitioner appearing in person that PW-1 and PW-2, who have made incorrect statements, were discharged without crossexamination. Subsequent to the directions of this Court, the petitioner appeared in the learned Family Court and crossexamined PW-1 partly on 10.1.2025, however the crossexamination could not be concluded due to paucity of time. The petitioner having ‘fallen extremely unwell’ prayed for cross-examination of PW-1 via video conferencing on 28.1.2025, not being aware that he had already been discharged. Though the next date was orally fixed for 30.1.2025, due to technical difficulties, PW-2 and PW-3 were also not cross-examined and evidence of plaintiff (respondent herein) was closed on 29.1.2025 itself instead of 30.1.2025. It was submitted by the petitioner in person that for the ends of justice, the order dated November 29, 2024 be modified and the time granted therein for crossexamination etc. be extended till August-September, 2025.

The respondent's counsel referred to the contents of the counter affidavit and submitted that the matrimonial case was filed by the plaintiff (respondent herein) in the year 2016, wherein the petitioner had filed her written statement in October, 2017. Two witnesses on behalf of the plaintiff were examined on May 4, 2019 and May 28, 2019. PW-2 was discharged only after six months wherein 14 dates were given to the petitioner to cross-examine him. PW-3 was examined on 15.12.2021 and once again, the petitioner not having cross-examined him, inspite of 15 months having passed wherein the case was listed on 17 dates, he was discharged on Marvh 13, 2023. He submitted that repeated directions have been given by this Court in different cases to conclude the divorce case, however the petitioner did not permit the case to proceed. It was finally by order dated November 29, 2024 passed in LPA no.490 of 2024 that specific directions were given to both the parties as also to the Court below, however the petitioner has still not permitted the case to conclude and instead has moved this Court for modification of the said order. Learned counsel submits that no case of modification has been made out, there is no merit in the instant application and the same be dismissed.

The High Court found that matrimonial case no.1044 of 2016 was filed by the respondent, wherein after filing of the written statement by the petitioner, three witnesses were examined on behalf of the plaintiff (respondent herein) on May 4, 2019, May 28, 2019 and December 15, 2021. The matrimonial case not progressing satisfactorily, the respondent filed Civil Miscellaneous Jurisdiction no.269 of 2021, wherein by order dated December 3, 2021, the High Court directed the Family Court, Patna to expedite the disposal of the divorce case. The relevant portion of the order dated December 3, 2021 is as follows :-

“On the above mentioned facts and circumstances, the learned Principal Judge, Family Court, Patna is directed to take every endeavor to dispose of the divorce case as expeditiously as possible, subject to any legal or lrocedural impediment.”

It noted that subsequently, MJC no.1804 of 2023 was preferred by the respondent in this Court praying for modification of the order dated December 3, 2021 (passed in Civil Miscellaneous Jurisdiction no.269 of 2021) and praying that the deadline for disposal of the matrimonial case be fixed by this Court. The High Court was pleased to pass order dated March 1, 2024 in MJC no.1804 of 2023, wherein it directed as follows:-

“It is directed that the divorce suit shall be concluded within a period of three months.”

The MJC no.1804 of 2023 was disposed of on May 1, 2024, wherein High Court once again directed that the Court below shall ensure the compliance of the order dated March 1, 2024, quoted above.

The LPA no.490 of 2024 having was preferred by the petitioner against the order dated May 1, 2024 passed in MJC no.1804 of 2023, High Court was pleased to dispose of the present appeal by order dated November 29, 2024 giving directions in paragraph no.17, as stated/quoted above. The petitioner in this application has prayed for modification of paragraph nos.17(ii) and (iv). 

In paragraph nos. 17(ii) and (iv), High Court had directed that the husband (respondent herein) shall file as schedule of dates for appearance of the witnesses to be crossexamined by the wife (petitioner herein). The cross-examination by the wife was to be completed on or before February, 2025, whereafter, the wife was directed to produce a schedule of witnesses to be examined on any date in the first week of February, 2025 and the examination and cross-examination of the witnesses had to be completed by both the parties as fixed by the Family Court.

21. On perusal of the contents of the uncontroverted counter affidavit of the respondent and the order-sheet of the learned Court below brought on record therein it transpires that the learned Additional Principal Judge finalised the dates of cross-examination of the three witnesses of the plaintiff on 10.1.2025, 20.1.2025 and 29.1.2025. PW-1 was cross-examined by the wife/petitioner/defendant from 11 a.m. to 4:30 p.m., but the cross-examination did not end. However, thereafter, she did not appear to cross-examine the witness on 13.1.2025, 15.1.2025, 18.1.2025 and also on 20.1.2025, on which date PW-1 was discharged. Similarly, the petitioner did not appear to cross-examine PW-2 on 23.1.2025 and 28.1.2025 nor did she appear to cross-examine PW-3 on 29.1.2025 and both PW-2 and PW-3 were also discharged. The Court is further informed that the arguments have also concluded.

22. In view of the facts and circumstances of the case, dealt with in much detail herein above, the Court is of the opinion that there is no ambiguity in the order dated 29.11.2024, nor in paragraph nos.17(ii) and (iv) thereof, modification of which is sought in the instant application. It is also not the case of the petitioner that there is any error in the order. In the opinion of the Court, what the petitioner seeks is rehearing of the original application and praying for further extension of the time granted for cross-examination of the witnesses of theplaintiff.

23. At the cost of repetition, it would be relevant to keep in mind that this Court in various applications has been giving directions for expediting the disposal of the matrimonial case. Orders dated 3.12.2021 passed in Civil Miscellaneous Jurisdiction no. 269 of 2021, dated 1.3.2024 passed in MJC no. 1804 of 2023 and dated 29.11.2024 passed in LPA no.490 of 2024, relevant portions of which have been quoted herein above, may be referred to.

24. The petitioner has not made out a case for modification of paragraph nos. 17(ii) and (iv) of the order dated 29.11.2024 passed in LPA no.490 of 2024.

25. The Court finds no merit in the instant application and the same is dismissed.

 

Earlier, in Sumit Agrawal vs. Neha Agrawal (2021) Civil Miscellaneous Jurisdiction Case No.269 of 2021, Justice Nawneet Kumar Pandey of Patna High Court passed a 3-page long order dated December 3, 2021, wherein he recorded: "It appears that the petitioner as well as the respondent both wants speedy disposal of the case but, at the same time, the disposal of the petitions filed by the respondent is also necessary for the ends of justice." It was also noted that Sumit Agrawal, the petitioner/plaintiff a resident of Patna had filed a suit for divorce as matrimonial (divorce) Suit No. 1044 of 2016. Neha Agrawal, the respondent had appeared in 2016 and filed her written statement in October, 2017.  She had submitted that she has filed some petitions which are still to be disposed of by the Principal Judge, Family Court and for the ends of justice, those applications are necessary to be disposed of. Justice Pandey observed:"....the learned Principal Judge, Family Court, Patna is directed to take every endeavor to dispose of the divorce case as expeditiously as possible, subject to any legal or procedural impediment." The case was filed on April 16, 2021 and registered on June 15, 2021. The respondent, a resident of Kolkata had appeared in person. 

Miscellaneous Jurisdiction Case No.1804 of 2023 was filed in Sumit Agrawal vs. Neha Agrawal (2021) Civil Miscellaneous Jurisdiction Case No.269 of 2021 on July 6, 2023 before Justice Pandey by the petitioner. It was registered on July 11, 2023. The Court's 2-page long order dated December 8, 2023 recorded the petitioner's submission that "despite the order of this court, the trial court is not taking endeavour to dispose of the case expeditiously." It also recorded that the petitioner was "abusing the process of the court and delaying disposal of the divorce case." She submitted that it was not her fault in expeditious disposal of the case. By 1-page long order dated February 16, 2024, Justice Pandey directed the court below "to send the xerox copy of the entire order sheets of the Matrimonial (Divorce) Suit No. 1044 of 2016 within a period of two weeks." Justice Pandey's 2-page long order dated March 1, 2024 recorded the petitioner's submission that he was regularly paying maintenance amount to the Opposite Party whereas, she, through video conferencing submitted that the petitioner is not paying maintenance amount to her. The Court directed the court below to verify and send a report in this regard. The Court recalled that vide order dated December 3, 2021 in Civil Miscellaneous Jurisdiction No. 269 of 2021, Justice Pandey had directed the court below to dispose of this matter expeditiously, but still it is pending. The record is running at the stage of the evidence of the defendant, as the evidence of the plaintiff has already been concluded. He directed the court below "to provide an opportunity of three dates to the defendant to conclude her evidence. Thereafter, no opportunity shall be provided. It is directed that the divorce suit shall be concluded within a period of three months. 6. The required report of the court below about payment of maintenance amount shall reach to this Court within a period of two weeks." Disposing the application, the 2-page order dated May 1, 2024 by Justice Pandey reads: "7. Learned Principal Judge Family Court, Patna shall ensure that the remaining dues of as interim maintenance be paid to the opposite party within the assured period by the petitioner and the learned Principal Judge Family Court shall also make endeavour to dispose of the application under Section 340 of the CrPC as expeditiously as possible. The learned court below shall also ensure the compliance of order dated 01.03.2024 passed by this Court." The civil miscellaneous application was filed on behalf of the petitioner with a prayer for direction to the court below for expeditious disposal of Matrimonial Case No. 1044/2016 pending before the Principal Judge, Family Court, Patna. Neha Agarwal had submitted that she had filed an application under Section 340 of CrPC which is still pending before the Principal Judge Family Court and it should also be decided expeditiously. She informed that the interim maintenance awarded by the courts was not regularly being paid to her. The appellant had submitted that whatever dues are remained to be paid, shall be paid within a period of fifteen days.

The Letters Patent Appeal No.490 of 2024 was filed in Miscellaneous Jurisdiction Case No.1804 of 2023 on May 9, 2024 which was registered on May 10, 2024. It was heard by the High Court's Division Bench of Chief Justice K Vinod Chandran and Justice Harish Kumar. The High Court's 2-page long order dated June 26, 2024, appointed Satyabir Bharti, as Legal Aid Counsel for Neha Agrawal, the appellant. The order reads: "3. The Additional Principal Judge, Family Court, Patna shall send a report as to the stage of proceedings in Matrimonial Suit No. 1044/2016. It shall also specifically inform this Court as to whether the amounts, as directed in the impugned order dated 01.05.2024 in M.J.C.No. 1804 of 2023, has been paid within time. If it has been paid, the amount shall be disbursed to the appellant....5. The learned Additional Principal Judge, Family Court, Patna shall not proceed with the matter until further orders." The Court's 2-page long order dated July 18, 2024 reads: "As directed vide order dated 26.06.2024, the report of the Additional Principal Judge, Family Court, Patna has not been received till date. Registry is directed to take steps so that the report is received before the next date." By order dated August 13, 2024, the Civil Misc. No. 451 of 2019 was tagged with Letters Patent Appeal No.490 of 2024 in Miscellaneous Jurisdiction Case No.1804 of 2023. By order dated October 23, 2024, MJC No. 3439 of 2024 was tagged. The order dated December 9, reads: "These cases have been placed under the heading ‘To Be mentioned’ at the instance of the office pointing out that in paragraph no. 21 of the judgment dated 29.11.2024 ‘CWJC No. 451 of 2019’ has been inadvertently typed in place of ‘Civil Miscellaneous Jurisdiction No. 451 of 2019’. 2. In such view of the matter, in paragraph no. 21 of judgment dated 29.11.2024 ‘Civil Miscellaneous Jurisdiction No. 451 of 2019’ shall be read in place of ‘CWJC No. 451 of 2019’. 3. The judgment dated 29.11.2024 is modified to the extent indicated above."

 

 

Chief Justice Pancholi led bench dismisses a Publinc Interest Litifgation

In Ganesh Pandey & Anr. vs .The State of Bihar through the Chief Secretary, Bihar & Ors. (2025), Patna.Patna High Court's Division Bench of Chief Justice Vipul M. Pancholi and Justice Partha Sarthy passed an 7-page long judgement dated July 25, 2025. The 8th order by Justice Pancholi as Chief Justice reads:"we are of the view that the concerned respondent authority has already conducted the enquiry pursuant to the application/complaint submitted by Rekha Devi against Dr. Seema Saroj and when the final order has been passed by the competent authority, we are not inclined to entertain the present petition filed in the nature of Public Interest Litigation. 14. Accordingly, the petition stands dismissed."

The petitioner had mainly prayed that the respondents be directed to enquire through independent agency in respect of defalcation of public money by Dr. Seema Saroj, Prabhari Chikitsa Padadhikari, Primary Health Centre, Vaishali. His counsel contended that one Dr. Seema Saroj is working as Prabhari Chikitsa Padadhikari at Primary Health Centre, Vaishali since last 12 years i.e. from the year 2013. It was further contended that said Dr. Seema Saroj, Prabhari Chikitsa Padadhikari, Primary Health Centre, Vaishali had defalcated more than Rs. 10,66,74,394/- by misconducting and mismanaging the payment of outsourcing employees and, therefore, one Rekha Devi sent various type of applications to the concern d respondent
authorities for making necessary enquiry against said Dr. Seema Saroj.