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Patna High Court

Kartik Singh and OrsversusState Of Bihar and Anr

Decided
Disposal
DISMISSED

Holding

The petition was dismissed as infructuous because the underlying case had already been concluded with an acquittal.

Summary

The petitioners, Kartik Singh and his sons, filed a criminal miscellaneous petition before the Patna High Court against the State of Bihar and an individual named Satya Narayan Mahto. No counsel appeared on behalf of the petitioners, while the respondent was represented by Advocate Renu Kumari. The court examined the office note, which indicated that the underlying criminal case had already been disposed of, resulting in the acquittal of the accused. Given that the matter was already concluded, the petition was deemed infructuous. Consequently, the court dismissed the petition without further hearing.

Issues considered

  • What is the appropriate disposition of a petition when the underlying criminal case has already been disposed of with an acquittal?

Subjects

  • criminal miscellaneous petition
  • acquittal
  • infructuous petition
  • petition dismissed
  • Patna High Court

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.31737 of 2016
                           Arising Out of PS. Case No.-116 Year-2012 Thana- ALOULI District- Khagaria
                     ======================================================
                1.    Kartik Singh and Ors son of Late Bijal Singh.
                2.   Tribhuban Singh @ Tribhuban Kumar Singh.
                3.   Trilochan Singh @ Trilochan Kumar Singh. 2 & 3 both sons of Kartik
                     Singh. All resident of Village- Icharua, Tola Morkahi, P.S. Alauli, District-
                     Khagaria.

                                                                                        ... ... Petitioner/s
                                                            Versus
                1.   State Of Bihar and Anr
                2.   Satya Narayan Mahto son of Late Shiv Nandan Mahto, Resident of Village-
                     Morkahi Icharua, P.S.- Alauli, District- Khagaria.

                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :        None.
                     For the Opposite Party/s :        Mr. Renu Kumari, APP.
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                           ORAL ORDER

6    30-01-2026                       No one is present on behalf of the petitioner.

                                    2. The office note goes to show that the petitioner’s

                       case has already been disposed of resulting in acquittal of the

                       accused so, considering this aspect the instant petition stands

                       dismissed as being infructuous.



                                                  (Shailendra Singh, J)
siddharthkr/-

U


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