Patna High Court
Bishaw Ram and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as the matter has become infructuous.
Summary
The petitioners filed a criminal miscellaneous petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 30 May 2017 passed by the Sub-Divisional Judicial Magistrate, Manjhaul, which allowed the addition of three witnesses in a criminal case (Case No. 14 of 2015). The petitioners argued that the case had become infructuous and therefore the order should be set aside. The State of Bihar, through its Additional Public Prosecutor, raised no objection to the petitioners' request. The Court considered the submissions of both parties and found no merit in continuing the proceedings as the matter was no longer live. Consequently, the Court disposed of the petition on the ground that the case had become infructuous.
Issues considered
- Whether the order allowing addition of witnesses under the criminal trial should be quashed under Section 482 CrPC?
- Whether the petition is infructuous and can be disposed of without further hearing?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Petition
- Witness Addition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10642 of 2018
Arising Out of PS. Case No.-14 Year-2015 Thana- KHODAWANDPUR District- Begusarai
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1. Bishaw Ram, S/o Late Raudi Ram,
2. Jugo Ram S/o Late Raudi Ram,
3. Vijay Ram S/o Bishaw Ram,
4. Arun Ram S/o Bishaw Ram,
5. Sanjay Ram S/o Late Bhubneshwar Ram,
6. Kundan Ram S/o Late Bhubneshwar Ram, All R/o Village- Malpur, P.S.-
Khodabandpur Chhaurahi O.P., District- Begusarai.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order 30.05.2017 passed by the
learned S.D.J.M., Manjhaul in G.R. No. 240 of 2015, arising out
of Khodabandpur (Chourahi) P.S. Case No. 14 of 2015 by which
application filed by the S.D.P.O., Manjhaul for adding the name
of other three witnesses for examination was allowed.
3. Learned counsel for the petitioners submits that this
case has become infructuous, accordingly, the same may be
Patna High Court CR. MISC. No.10642 of 2018(2) dt.05-02-2026
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disposed of.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. Considering the submissions of the learned
counsels for the parties, the present case is disposed of having
become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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