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Patna High Court

Ram Nath VermaversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application is dismissed as infructuous because the petitioner has already been acquitted.

Summary

The petitioner, Ram Nath Verma, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 19 September 2017 that had rejected his request to reconstruct the trial record by admitting a photo copy of a supplementary case and a certified medical report. The application was filed after the original trial (Sessions Trial No.1040 of 1996) had concluded with the petitioner’s acquittal on 21 August 2025. The State did not oppose the petitioner's request to have the application dismissed as the matter had become moot. The High Court, after considering the submissions and the report confirming the acquittal, held that the application was infructuous and disposed of it. Consequently, no further relief was granted, and the matter was closed.

Issues considered

  • What is the appropriate disposition of a criminal miscellaneous application under Section 482 Cr.P.C. when the main criminal proceeding has already been concluded with an acquittal?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous Application
  • Acquittal
  • Reconstruction of Record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5333 of 2018
                       Arising Out of PS. Case No.-245 Year-1995 Thana- DANAPUR District- Patna
                 ======================================================
                 Ram Nath Verma S/o Late Chakkha Mahto, R/o Village- Sherpur, P.S.- Maner,
                 District- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    State of Bihar.
           2.    Shiv Kumar S/o Late Dhurendra Prasad, R/o Main Road, Bibiganj, P.S.-
                 Danapur, District- Patna. At present R/o Flat No. 119 Harsita Meridian, J.P.
                 Nagar, Bangalore.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Siddharth Prasad, Advocate.
                 For the Opposite Party/s :       Smt. Meena Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   02-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   19.09.2017 passed by learned Additional District and Sessions

                   Judge-VII, Danapur in Sessions Trial No.1040 of 1996 arising

                   out of Danapur P.S. Case No.245 of 1995 by which the learned

                   Court concerned had rejected the prayer of petitioner to

                   reconstruct       record    admitting        the   photo      copy     of      the

                   supplementary case and the certified photo copy of the opinion

                   of medical report with respect to the injury of injured/informant.

                                3. As per the report submitted by the learned
              Patna High Court CR. MISC. No.5333 of 2018(4) dt.02-02-2026
                                                          2/2




                        A.C.J.M.-1, Danapur vide letter No.126 dated 29.10.2025, it is

                        reported that the Sessions Trial No.1040 of 1996 arising out of

                        Danapur P.S. Case No.245 of 1995 has already been disposed of

                        as the petitioner has already been acquitted vide judgment dated

                        21.08.2025.

                                     4. Learned counsel for the petitioner submits that the

                        petitioner has already been acquitted and this case has become

                        infructuous, accordingly, prays that the present case may be

                        disposed of.

                                     5. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioner.

                                     6. Considering the submissions of learned counsels

                        for the parties and the report submitted by the concerned Court,

                        the present Cr. Misc. Application stands disposed of having

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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