IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.133 of 2011 RAM SHANKAR JHA Versus THE STATE OF BIHAR & ANR. ----------- 02. 20.04.2011 Heard learned counsels for the petitioner and the State. The grievance of the petitioner is that the application filed by him under Section 310 of the Code of Criminal Procedure was filed in Criminal Appeal no. 34 of 2006 is still pending in the court of First Track Court, Madhubani, and as such, prayer has been made that the court below be directed to dispose of the said petition. Learned counsel for the petitioner submits that such petition can be filed during the pendency of the appeal as such court below ought to have disposed of the petition. Learned counsel for the State submits that this application is not maintainable for the reason that the aforesaid Criminal Appeal is already dismissed as stated in paragraph – 4 of the writ application. As such, prayer of the petitioner deserves to be dismissed. Considering the submission of the parties, this is not a fit case for issuing such direction as prayed for by the petitioner in view of the fact that the criminal appeal in question has already been dismissed. In this view of the matter, I do not find any merit in this application and the same is accordingly dismissed. Jagdish/- ( Shailesh Kumar Sinha,J.)