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Patna High Court

Bishaw Ram and OrsversusThe State Of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                                          2/2




                        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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