Created by Fuzzy Cloud

Patna High Court

Ram Nirekhan Singh and AnrversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the criminal miscellaneous application, granting the petitioners liberty to raise all points before the trial court as prayed.

Summary

The petitioners, Ram Nirekhan Singh and Rohit Kumar, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 03-04-2018 passed by the Sessions Judge, Patna. The High Court sought a status report and learned that the trial was proceeding to the final argument stage. The petitioners prayed that the pending application be disposed of, granting them liberty to raise all points before the trial court at the appropriate stage. The State of Bihar, represented by an A.P.P., raised no objection to this prayer. Accordingly, the Court disposed of the criminal miscellaneous application, granting the petitioners the liberty they sought.

Issues considered

  • Whether the criminal miscellaneous application under Section 482 Cr.P.C. seeking quash of the Sessions Court order should be dismissed.
  • Whether the petitioners should be granted liberty to raise all points before the trial court at the appropriate stage.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quashing Order
  • High Court
  • Petitioner's Liberty
  • Pending Trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57894 of 2018
                        Arising Out of PS. Case No.-245 Year-2016 Thana- BIKRAM District- Patna
                 ======================================================
           1.     Ram Nirekhan Singh Son of Ramanurag Singh.
           2.    Rohit Kumar Son of Indrajeet Singh Both resident of Village - Gorakhri, P.S.
                 - Bikram, District - Patna.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Lakshmi Kant Sharma, Advocate.
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   11-05-2026                  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

                   03.04.2018 passed by learned Sessions Judge, Patna in Cr.

                   Revision No.556 of 2017 arising out of Bikram P.S. Case

                   No.245 of 2016.

                                3. Vide order dated 09.04.2026, a report with regard to

                   status of case was called for and the same was received. As per

                   the report submitted by the learned Trial Court vide letter no.61

                   of 2026 dated 22.04.2026, the case is now running for the final

                   argument.

                                4. After some argument, learned counsel for the
           Patna High Court CR. MISC. No.57894 of 2018(4) dt.11-05-2026
                                                       2/2




                     petitioner submits that this case may be disposed of with liberty

                     to the petitioner to take all the points as raised in the petition,

                     before the learned Trial Court at appropriate stage in accordance

                     with law.

                                  5. Learned APP for the State has no objection to this

                     prayer of the petitioner.

                                  6. In view of the above, the present Cr. Misc.

                     Application is disposed of with the liberty to the petitioner, as

                     prayed for.



                                             (Sunil Dutta Mishra, J)
Ritik/-Koustav/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.