Patna High Court
Sampat Kumar @ Vikki @ BikkyversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
Holding
The application for quashing the discharge order is dismissed as infructuous because charges have already been framed.
Summary
The petitioners, including Sampat Kumar and others, filed an application before the Patna High Court seeking to quash a discharge order dated 13‑11‑2024 issued by the Additional Sessions Judge‑XVII, Bhagalpur in S.T. Case No. 405 of 2024. The case involved offences under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code. The petitioners argued that the discharge order should be set aside. The Court observed that the charges had already been framed in the trial court, indicating that the proceedings had moved beyond the stage where a discharge order could be challenged. Consequently, the Court held that the application had become infructuous. The application was therefore dismissed.
Issues considered
- Whether an application for quashing a discharge order is maintainable after charges have been framed
- Whether the application is infructuous in view of the stage of the proceedings
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504
Subjects
- quash of discharge order
- charges framed
- infructuous application
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2484 of 2025
Arising Out of PS. Case No.-73 Year-2019 Thana- INDUSTRIAL District- Bhagalpur
======================================================
1. Sampat Kumar @ Vikki @ Bikky Son of Late Shankar Prasad Singh
Resident of Village- Bahadurpur, PS- Zero Mile, District- Bhagalpur
2. Shiv Kumar @ City Son of Late Shankar Prasad Singh Resident of Village-
Bahadurpur, PS- Zero Mile, District- Bhagalpur
3. Rahul Kumar Son of Sanjeev Kumar Resident of Village- Koriyama, PS-
Janipur, District- Patna
4. Kashinath @ Kashinath Ram Son of Dalbadar Ram Resident of Village-
Rani Talav, Asstt. Professor Bhagalpur Engineering College, P.S.- Industrial
Area, Distt.- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mukesh Kumar Son of Suresh Prasad Singh Resident of Bahadurpur, P.S.-
Industrial Area, Distt.- Bhagalpur (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Sinha, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 05-01-2026 Heard Mr. Kamal Kishore Sinha, learned counsel for the
petitioners and Mr. Choubey Jawahar, learned counsel for the
State.
2. The present application has been filed for quashing of
the discharge order dated 13.11.2024 passed by learned
Additional Sessions Judge-XVII, Bhagalpur in S.T. Case No.
405 of 2024 arising out of Industrial Area PS Case No. 73 of
2019 registered for the offences under Sections 341, 323, 307,
Patna High Court CR. MISC. No.2484 of 2025(4) dt.05-01-2026
2/2
379, 504 & 34 of the Indian Penal Code.
3. Learned counsel for the petitioner has very fairly
submitted that charges have been framed in the Court below and
as such, the stage of the case has been changed.
4. In these circumstances, this application is dismissed as
having become infructuous.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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