In the High Court of Judicature at Patna Criminal Writ No.397 OF 2000 In the matter of an application under Article 226 of the Constitution of India. SWAMI NATH TIWARY SON OF LATE RAJGRIHI TIWARY, RESIDENT OF VILLAGE – BARAKI NAINIJOR, P.S. NAINIJOR, DISTRICT BUXAR Versus 1. THE STATE OF BIHAR 2. THE HOME COMMISSIONER, STATE OF BIHAR AT PATNA 3. THE DISTRICT MAGISTRATE, BUXAR ----------- For the petitioner - Mr. Ramsubash Roy, Advocate For the State - Mr. Subhash Prasad Singh, Govt. Advocate No. VII P R E S E N T THE HON'BLE MR. JUSTICE SHAILESH KUMAR SINHA ------- SHAILESH KR. SINHA, J. Heard learned counsel for the petitioner and the State. 2. The prayer of the petitioner is for quashing the entire proceedings of G.R. No. 1176 of 1981/T.R. No. 185 of 2000 (State of Bihar Versus Swami Nath Tiwary and Ors.) arising out of Buxar (T) P.S. Case No. 234 of 1981 registered for the alleged offence under Sections 144, 353, 341, 342 and 448 of the Indian Penal Code. 3. The aforesaid police case was registered on the allegations that this petitioner alongwith 100 people shouting slogans, entered into the office of the Circle Officer, Brahampur which created obstruction in discharge of the government work and on being objected, 2 those persons alongwith the petitioner sat on DHARNA in front of the office and they did not leave the place despite asking to do so. 4. Learned counsel for the petitioner submits that as a matter of fact, petitioner took the rightful cause since the authorities were neglecting to execute the work as referred in order dated 25th of January 2000 passed in C.W.J.C. No. 10586 of 1998 (Annexure-3). It is further submitted that after registration of the first information report in the year 1981, matter was virtually closed and nothing happened and police did not proceed in the matter. However, the petitioner had himself appeared in the said case. It is further submitted that even after appearing nothing has happened in this case. 5. Learned counsel for the State submits that action of the petitioner as alleged in the first information report is not justified, however, he is not in a position to show that any substantial progress in the case after registering the first information report. 6. Considering the submission of the parties and the nature of allegation as also long lapse of time after lodging the first information report, the continuance of proceedings may not be justified in law. Accordingly, the proceeding arising out of Buxar (T) Police Station Case no. 234 of 1981 which gave rise to Trial No. 185 of 3 2000 (State of Bihar Versus Swami Nath Tiwary ) pending in the court of Judicial Magistrate, Buxar is hereby quashed. 7. The writ application stands disposed of. Patna High Court The May 12th 2011 N.A.F.R./Jagdish ( Shailesh Kumar Sinha, J.)