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Patna High Court

Md. AzmatversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as infructuous, and the order to club the two cases stands.

Summary

The petitioner, Md. Azmat, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 30 May 2018 by the Additional District Judge (II) of Sitamarhi, which had directed that two criminal cases (Case No. 122 of 2016 and Case No. 181 of 2016) be clubbed and tried together. The petitioner argued that the matter had become infructuous and should be disposed of. The State of Bihar, through its Additional Public Prosecutor, raised no objection to the petitioner's request. After hearing both sides, the Patna High Court held that the petition was indeed infructuous and ordered its disposal. Consequently, the order to club the two cases was left undisturbed, and the petition was dismissed.

Issues considered

  • Whether the petition under Section 482 CrPC seeking quash of the order to club two criminal cases is maintainable.
  • Whether the petition can be dismissed on the ground that the matter has become infructuous.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Petition
  • Infructuous
  • Clubbing of Cases

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58188 of 2018
                   Arising Out of PS. Case No.-122 Year-2016 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Md. Azmat Son of Late Sheikh Akbar, resident of village- Suhai, P.S.- Dumra,
                 District- Sitamarhi.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    State Of Bihar
           2.    Hassan Bibi Khatoon, Wife of Late Ahmad, resident of Village- Suhai, P.S.-
                 Dumra, District- Sitamarhi.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashhar Mustafa, Advocate
                 For the Opposite Party/s :       Mr. Md. Sufiyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   27-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present petition has been filed under Section

                   482 Cr.P.C. for quashing the order 30.05.2018 passed by the

                   learned ADJ-II, Sitamarhi by which prayer of the petitioner to

                   club the proceeding in Runnisaidpur P.S. Case No. 122 of 2016,

                   S. Tr. No. 404 of 2016 with the proceeding of Runnisaidpur P.S.

                   Case No. 181 of 2016 in order to facilitate that both the case and

                   counter case may be tried together by the same Court.

                                3. Learned counsel for the petitioner submits that this

                   case has become infructuous, accordingly, the same may be

                   disposed of.
              Patna High Court CR. MISC. No.58188 of 2018(2) dt.27-02-2026
                                                          2/2




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

                        prayer of the petitioner.

                                     5. Considering the submissions of the learned

                        counsels for the parties, the present case is disposed of having

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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