Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.488 of 2012 ====================================================== 1. Shiv Kumar Sinha S/O Ram Kishore Sinha Resident Of Village- Rambhadra Hajipur, P.S.- Town, P.S.- Hajipur, District- Vaishali at Hajipur .... .... Petitioner/s Versus 1. The State Of Bihar through the Chief Secretary, Govt Of Bihar, Old Secretariat Patna-1 2.Secretary, Law Department, Bihar 3. D.G.P., Bihar, Patna 4. Prem Narain Tiwari S/O Late Ram Narain Tiwari Resident Of Village- Mubarakpur, Police Station- Goraul, District- Vaishali At Hajipur, At Present House Of Ramjee Singh Driver, Mohalla- Rambhadra Prem Nagar Colony Hajipur, Police Station- Town, P.S.- Hajipur, District- Vaishali At Hajipur .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 28-06-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. In the present writ petition, the prayer of the petitioner is for direction to the learned Additional Sessions Judge, F.T.C.-V, Hajipur to conclude Sessions Trial No.519 of 2007/127 of 2011 arising out of Hajipur Town P.S. Case No.40 of 2007. The petitioner has been made accused in a case registered under [STATUTE] . The police, after investigation, submitted charge-sheet. After submission of charge-sheet, cognizance has been taken, and the case has been committed to the court of sessions. The charges were framed on Patna High Court CR. WJC No.488 of 2012 (2) dt.28-06-2012 2 12.3.2008 to which the petitioner did not plead guilty and, hence, the trial commenced. It has been stated that in course of trial, some of the witnesses have been examined, but, some others are yet to be examined. Under such circumstance, the petitioner has come to this court for a direction to the trial court to conclude the trial. In my view the trial court would certainly exercise its jurisdiction in a fair and judicious manner. It is true that power of superintendence conferred on the High Court under Article 227 of the Constitution of India is both administrative and judicial, but such power is to be exercised sparingly and only in appropriate cases in order to keep the subordinate courts within the bounds of their authority. In any event, the power of superintendence cannot be exercised to influence the subordinate judiciary to pass any order or judgment in a particular manner. In Jasbir Singh Vs. State of Punjab since reported in (2006)8 SCC 294 the Apex Court has observed in paragraph 14 as follows:- “So, even while invoking the provisions of Article 227 of the Constitution, it is provided that the High Court would exercise such powers most sparingly and only in appropriate cases in order to keep the Patna High Court CR. WJC No.488 of 2012 (2) dt.28-06-2012 3 subordinate courts within the bounds of their authority. The power of superintendence exercised over the subordinate courts and tribunals does not imply that the High Court can intervene in the judicial functions of the lower judiciary. The independence of the subordinate courts in the discharge of their judicial functions is of paramount importance, just as the independence of the superior courts in the discharge of their judicial functions. It is the members of the subordinate judiciary who directly interact with the parties in the course of proceedings of the case and therefore, it is no less important that their independence should be protected effectively to the satisfaction of the litigants”. The writ petition lacks merit. It is, accordingly, rejected. Md.S./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 376

Statute Text:
Section 376 of the Indian Penal Code. Rape. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.