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Patna High Court

Bibi Sakina @ Sakina and OrsversusThe State Of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that once the trial has commenced and the case has progressed, the petition cannot be amended to include a prayer for quashing the charge‑sheet, and the application was dismissed.

Summary

The petitioners filed an interlocutory application seeking to add a prayer to their main writ petition for quashing the order taking cognizance dated 15.11.2014, the pending proceedings, and the charge‑sheet No. 83 of 2014. They argued that the trial had already commenced and a witness examined, necessitating the amendment. The court examined whether a petition can be altered at such an advanced stage of the criminal proceeding. It held that the stage of the case had changed from challenging the cognizance order to challenging the charge‑sheet, and the petitioners were now facing trial. Consequently, the court found no ground to permit the additional prayer and dismissed the interlocutory application.

Issues considered

  • Whether an interlocutory application to add a prayer for quashing a charge‑sheet can be entertained after the trial has commenced

Subjects

  • interlocutory application
  • addition of prayer
  • quashing order
  • charge sheet
  • trial stage
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38011 of 2015
                     Arising Out of PS. Case No.-442 Year-2013 Thana- FORBESGANJ District- Araria
                 ======================================================
           1.     Bibi Sakina @ Sakina w/o Mansoor
           2.    Md. Ejaz @ Ejaz S/o Kalim
           3.    Md. Imran @ Ibran S/o Kalim
           4.    Prawez @ Prawez S/o Kalim
           5.    Azmer S/o Kalim All, resident of village- Madarganj, P.S.- Simraha,
                 District- Araria
                                                                     ... ... Petitioner/s
                                               Versus
           1.    The State Of Bihar
           2.     Md. Nashim S/o Late Bashir R/o Madarganj, PS-Simraha, District-Araria
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kundan Kumar Singh
                 For the Opposite Party/s :        Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

9   12-01-2026                                I.A. No. 1 of 2025.

                                This interlocutory application has been filed in this

                   case for addition of prayer in the prayer portion of the main

                   quashing.

                                2. For the reason mentioned in the interlocutory

                   application, the same is allowed and the prayer made in

                   paragraph 1 of the interlocutory application shall also be treated

                   to be part of the main writ application.

                                              Re:- Cr. Misc. No. 38011 of 2015.

                                3. Heard the parties.

                                4. By way of this application, the petitioner has

                   prayed for the following reliefs:-

                                                 a. This application has been filed for
                                   quashing the order taking cognizance dated
          Patna High Court CR. MISC. No.38011 of 2015(9) dt.12-01-2026
                                                      2/2




                                    15.11.2014 passed by the learned Chief Judicial
                                    Magistrate, Araria in connection with Forbisganj
                                    (Simraha)       P.S.    Case         No.   442   of   2013   /
                                    corresponding to G.R. No. 2649 of 2013.
                                                 b. For quashing the whole proceedings
                                    in connection with Forbesganj (Simraha) P.S. Case
                                    No. 442 of 2013 corresponding to G.R. which is
                                    pending before the learned ACJM-1, Araria.
                                                 c. For quashing the charge-sheet No. 83
                                    of 2014 dated 25.07.2014.
                                 5. The additional prayer made by way of filing an

                    interlocutory application in this case is because the trial has

                    commenced and one witnesses has already been examined, as

                    per the learned counsel for the opposite party no. 02.

                                 6. In the opinion of this Court, the stage of the case

                    has now changed as initially the petitioner has challenged the

                    order taking cognizance and now he is challenging the charge-

                    sheet.

                                 7. Since, the stage of the case has changed and the

                    petitioners are facing trial, this Court finds no ground to allow

                    the prayer of the petitioners.

                                 8. Accordingly, this application is dismissed.


                                                            (Sandeep Kumar, J)
Vikas/-
U


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