Patna High Court
Awadh Kishore PandeyversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of because the proceedings have become infructuous, rendering the order unchallengeable under Section 482 Cr.P.C.
Summary
The petitioner, Awadh Kishore Pandey, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 09.03.2018 passed by the Fast Track Court, which had refused to recall a prosecution witness (PW‑8) and to mark an exhibit of a court‑witness deposition. The petitioner argued that the proceedings had become infructuous and therefore the order should be set aside. The State of Bihar, as respondent, raised no objection to the petitioner's prayer. The High Court examined whether the order could be quashed under Section 482 and whether the case was indeed infructuous. Finding that the petitioner's contention was accepted and that there was no opposition from the State, the Court held that the matter had become infructuous. Consequently, the petition was disposed of on the ground of infructuity.
Issues considered
- Whether the order of the Fast Track Court refusing to recall PW‑8 and to mark the exhibit can be quashed under Section 482 Cr.P.C.
- Whether the proceedings have become infructuous warranting dismissal of the petition.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- quash order
- infructuous proceedings
- Fast Track Court
- criminal procedure
- witness recall
- exhibit marking
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34796 of 2018
Arising Out of PS. Case No.-15 Year-2000 Thana- BARAULI District- Gopalganj
======================================================
Awadh Kishore Pandey son of Ram Nath Pandey Resident of Village -
Barahima, Pandey Tola, Police Station - Sidhwalia, District - Gopalganj.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Hosila Pandey son of Late Baijnath Pandey
3. Parsauni Pandey son of Late Baijnath Pandey
4. Rajesh Pandey son of Parsauni Pandey All are residents of Village -
Barahima, Pandey Tola, Police Station - Sidhwalia, District - Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner 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 09.03.2018 passed by the
Fast Track Court 1st, Gopalganj in Sessions Trial No. 48 of
2004, arising out of Barauli (Sidhwalia) P.S. Case No. 15 of
2000 by which the learned Trial Court refused to recall P.W. 8
for his examination and also refused to mark exhibit of C.C. of
deposition of the Court witnesses.
3. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same may be
Patna High Court CR. MISC. No.34796 of 2018(2) dt.09-02-2026
2/2
disposed of.
4. Learned A.P.P. for the State has no objection to this
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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