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Patna High Court

SHASHI RANJAN KUMARversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition under Section 239 Cr.P.C. was not granted and the case was disposed of.

Summary

The petitioner, Shashi Ranjan Kumar, filed a petition under Section 239 of the Criminal Procedure Code seeking to set aside an order dated 04.05.2018 passed by the Additional Sessions Judge, which had rejected his earlier petition filed under the same provision in connection with a 2011 case. The petition challenged the revision order dated 06.12.2017 that dismissed his application. Both parties appeared before the Patna High Court, with the petitioner’s counsel and the State’s Additional Public Prosecutor. The State raised no objection to the petitioner's prayer for disposal of the matter. In view of the submissions and the lack of opposition, the Court disposed of the petition without granting relief, effectively upholding the lower court’s order.

Issues considered

  • What is the appropriate remedy under Section 239 Cr.P.C. for setting aside the order of the Additional Sessions Judge?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 239
  • Revision
  • Petition disposal
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35517 of 2018
                       Arising Out of PS. Case No.-92 Year-2011 Thana- KARJA District- Muzaffarpur
                 ======================================================
                 Shashi Ranjan Kumar Son of Sri Anutha Rai Resident of Village - Pakri
                 Pakohi, P.S. Karja, District Muzaffarpur.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Savita Devi wife of Shashi Ranjan Kumar Resident of Village - Pakri
                 Pakohi, P.S. Karja, District Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nachiketa Jha, Advocate
                 For the Opposite Party/s :        Mr. Vinod Shankar Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   12-02-2026                        Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. This petition has been filed for setting aside the

                   order dated 04.05.2018 passed by learned Additional Sessions

                   Judge-VI, Muzaffarpur in Revision Case No. 229 of 2017,

                   which was filed against the order dated 06.12.2017, by which

                   the petition of the petitioner filed under Section 239 Cr.P.C. in

                   connection with Karja P.S. Case No. 92 of 2011 was rejected by

                   learned S.D.J.M. (West), Muzaffarpur.

                                3. After some arguments, learned counsel for the

                   petitioner submits that this case may be disposed.

                                4. Learned A.P.P. for the State has no objection to this
            Patna High Court CR. MISC. No.35517 of 2018(3) dt.12-02-2026
                                                        2/2




                      prayer of the petitioner.

                                   5. In view of the submissions of learned counsels for

                      the parties, this case stands disposed of.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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