IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.601 of 2009 SHIV KUMAR RAUT, s/o Shri Shovit Raut, resident of village Development Committee- Sabaila W.N. 7, PS Sabaila District Dhanusha, Zone- Janakpur, country Nepal ........appellant Versus 1. THE STATE OF BIHAR 2. The Bihar Intermediate Education Council, through its Secretary now known as Bihar School Examination Board (Senior Secondary) Budha Marg, Patna 3. The Chairman, Bihar Intermediate Education Council, now Chairman Bihar School Examination Board Senior Secondary. 4. Secretary, Bihar Intermediate Education Council, Budha Marg, Patna now Bihar School Examination Board (Senior Secondary) Budha Marg, Patna 5. Examination Controller Bihar Intermediate Education Council, Budha Marg Patna merged with Bihar School Examination Board (Senior Secondary) 6. Principal, Madhepura College Madhepura 7. Department of Vigilance through A.D.G., Govt. of Bihar.........respondents ----------- For the appellant: Mr. J.P. Shukla, Sr. advocate Mr. R.K. Shukla, advocate For the Council: Mr. Satyabir Bharti, AC to AAG 3 ------------ 5 23-12-2009 Heard the parties. This Letters Patent Appeal has been preferred against the order dated 10-02-2009 passed by learned Single Judge in CWJC no. 12702/1999. On a perusal of the order passed by learned Single Judge it is demonstrable that as a criminal case bearing Kotwali PS case no. 272/2008 was pending before the criminal court he has not deemed it proper to entertain the writ petition. Learned Single Judge has said that the controversy involves disputed questions of facts. We are in agreement with the same. When there is a criminal case pending with regard to the genuineness of certificate produced by the writ petitioner, we are of the considered opinion that the writ court should not advert to the same as that would be an impediment in fair trial of the 2 criminal case and it may nullify the whole issue. However, regard being had to the long pendency of the writ petition and the career of a young man, we direct that the Special Vigilance court, Patna shall dispose of the trial arising out of Kotwali PS case no. 272/2008 by April, 2010 and send a compliance report to the Registrar General of this court. Needless to emphasize that in case of the ultimate acquittal of the writ petitioner, who is accused in that case, he shall ripe all the benefits as per law. The Letters Patent Appeal is disposed of accordingly. BKS/- (Dipak Misra, CJ.) (Shiva Kirti Singh, J.)