Patna High Court
Jyotish KumarversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the criminal miscellaneous application without setting aside the Fast Track Court's order.
Summary
The petitioner, Jyotish Kumar, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash a Fast Track Court order dated 02 July 2018 that had rejected his earlier petition under Section 311 for a summons to the informant for cross‑examination. The petitioner argued that subsequent developments rendered the matter moot, and the State had no objection to his request. The High Court considered the submissions and the report from the Office. Finding no merit in interfering with the earlier order and noting the parties' agreement, the Court disposed of the application. Consequently, the order of the Fast Track Court remains undisturbed.
Issues considered
- Whether the criminal miscellaneous application under Section 482 CrPC for quashing the Fast Track Court's order rejecting a Section 311 petition should be entertained
Legislation cited
- Code of Criminal Procedure, 1973 — s. 311, 482
Subjects
- Criminal Procedure
- Section 311
- Section 482
- Quash Order
- Fast Track Court
- Summons
- Cross‑examination
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56205 of 2018
Arising Out of PS. Case No.-15 Year-2013 Thana- DHAMDAHA District- Purnia
======================================================
Jyotish Kumar Son of Sri Ganesh Mandal, Resident of Village- Vanshi
Purandaha, P.S.- Dhamdaha, District- Purnia.
... ... Petitioner/s
Versus
The State of Bihar .
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Advocate.
For the Opposite Party/s : Mr. Jai Narain Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 31-01-2026 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
02.07.2018 passed by learned Fast Track Court No.I, Purnia in
S.T. No.376 of 2013 arising out of Damdaha P.S. Case No.15 of
2013 by which the Revisional Court had rejected the petition
filed by the petitioner under Section 311 of Cr.P.C. for issuance
of summon to the informant to appear before the Court for re-
cross examination.
3. As per the report submitted by the Office, S.T.
No.376 of 2013 arising out of Damdaha P.S. Case No.15 of
2013 is fixed for argument.
4. Learned counsel for the petitioner submits that in
Patna High Court CR. MISC. No.56205 of 2018(2) dt.31-01-2026
2/2
view of subsequent development, this 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 Office, the
present Cr. Misc. Application stands disposed of.
(Sunil Dutta Mishra, J)
Ritik/-
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