Patna High Court
Shri Ramanand Singh @ Ramanand RaoversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as infructuous because the substantive case has already been concluded.
Summary
The petitioner, Ramanand Singh, filed a petition under Section 311 of the Criminal Procedure Code seeking to quash an order dated 06‑02‑2018 that had allowed the production of an additional witness in Complaint Case No.1603(C) of 2011. The underlying complaint case had already been disposed and the accused acquitted on 04‑11‑2023. The petitioner argued that the petition had become infructuous. The State’s counsel raised no objection to the prayer. The Court held that, since the main case was concluded and the accused were acquitted, the petition to quash the earlier order was moot and therefore dismissed as infructuous.
Issues considered
- Whether a petition for quashing an order under Section 311 Cr.P.C. is maintainable when the substantive criminal case has been disposed and the accused acquitted.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 311
Subjects
- Criminal Procedure
- Section 311
- Quash Petition
- Infructuous
- Acquittal
- Complaint Case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31561 of 2018
Arising Out of PS. Case No.-1603 Year-2011 Thana- COMPLAINT CASE District- Jamui
======================================================
Shri Ramanand Singh @ Ramanand Rao Son of Late Fakira Rao, resident of
Mohalla - Ashok Nagar, Road No. - 1, Police Station - Kankarbagh, District -
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Babita Devi Wife of Ranjit Kumar Sinha, resident of Gangati, Post -
Chumba, Police Station - Khaira, District - Jamui.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Sharma, Advocate
For the Opposite Party/s : Mr. Satyavarat Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
10 28-01-2026 This petition has been filed for quashing of order
dated 06.02.2018 passed by learned A.C.J.M. 1st, Jamui in
Complaint Case No.1603(C) of 2011 whereby and whereunder
the court concerned had allowed the complaint’s petition filed
under Section 311 of Cr.P.C. to produce additional witness in the
complaint case.
2. From the status report, it appears that Complaint
Case No.1603(C) of 2011 pending in the court concerned has
already been disposed of and the accused persons have been
acquitted on 04.11.2023.
3. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
Patna High Court CR. MISC. No.31561 of 2018(10) dt.28-01-2026
2/2
4. Learned APP for the State has no objection to this
prayer of the petitioner.
5. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U T
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