Patna High Court
Jagdish SinghversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as the matter has become infructuous.
Summary
The petitioner, Jagdish Singh, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 04.01.2018 passed by the Additional Sessions Judge, which had rejected his petition and denied him the opportunity to examine witnesses, including the injured and the informant. The petitioner argued that the case had become infructuous and should be disposed of. The State of Bihar raised no objection to the petitioner's prayer. The Court considered the submissions and found that the proceedings were indeed infructuous. Consequently, the Court disposed of the petition without granting any relief. The order reflects the Court’s discretion to dismiss a petition when the underlying matter no longer warrants judicial intervention.
Issues considered
- Whether the order of the Additional Sessions Judge rejecting the petitioner's petition and denying examination of witnesses should be quashed under Section 482 Cr.P.C.
- Whether the petition is infructuous and therefore liable to be disposed of.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Infructuous petition
- Quash order
- Petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12706 of 2018
Arising Out of PS. Case No.-42 Year-2000 Thana- KARAHGAR District- Rohtas
======================================================
Jagdish Singh S/o Shivpujan Singh, R/o Village- Amwaliya, P.S.- Karghar,
District- Rohtas.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the State : Mr. Sri Nirmal Kumar Sinha, APP
For O.P. No. 2 : Mr. Raghunandan Kumar Singh, Advocate
Mr. Harendra Kr. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 04-02-2026 Heard learned counsel for the petitioner, learned
counsel for O.P. No. 2 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 04.01.2018 passed by the
learned Addl. Sessions Judge 4th, Rohtas at Sasaram in S. T. No.
174 of 2005, arising out of Karghar P.S. Case No. 42 of 2000 by
which petition of the petitioner (informant) was rejected and he
was not given opportunity to examine the witnesses including
injured and informant.
3. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same may be
disposed of.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.12706 of 2018(4) dt.04-02-2026
2/2
prayer of the petitioner.
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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