Patna High Court
Shivjee SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was dismissed as infructuous and the case was disposed of.
Summary
The petitioner, Shivjee Singh, filed a petition under Section 311 of the Criminal Procedure Code seeking to quash a part of the order dated 23 August 2017 passed by the Fast Track Court‑II, Gopalganj, which had allowed the call for an injury report from B.R.D. Medical College but denied a call for the Registrar of the college. The petitioner argued that the matter had become infructuous and should be disposed of. The State of Bihar raised no objection to the petitioner's prayer. After hearing both sides, the Patna High Court held that the petition was indeed infructuous and disposed of the case without further order. Consequently, the order of the Fast Track Court was not set aside, and the petition was dismissed as moot.
Issues considered
- What is the appropriate remedy when a petition under Section 311 CrPC becomes infructuous?
- Whether the part of the Fast Track Court order allowing only the injury report can be quashed?
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 311
- Indian Penal Code — s. 147, 148, 149, 307, 324
Subjects
- quash order
- infructuous petition
- Section 311 CrPC
- Fast Track Court
- injury report
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58663 of 2018
Arising Out of PS. Case No.-90 Year-1999 Thana- GOPALGANJ TOWN District- Gopalganj
======================================================
Shivjee Singh S/o Mama Singh, R/o Vill.- Olipur, P.S.- Yadopur, District-
Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manager Singh S/o Rama Singh,
3. Rajendra Singh,
4. Rajesh Singh Both Son of Manager Singh,
5. Uma Kurmi
6. Laychi Kurmi Both Son of Bani Kurmi,
7. Dayanand Kurmi S/o Dorga Kurmi, All R/o Vill.- Olipur, P.S.- Yadopur,
District- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Prasad Singh, Advocate
For the Opposite Party/s : Dr. Rabindra Kumar, 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. This petition has been filed for quashing the part of
order dated 23.08.2017 passed by Fast Track Court-II,
Gopalganj in S.T. No. 137 of 2002, arising out of Gopalganj
(Yadopur) P.S. Case No. 90 of 1999, under Sections 147, 148,
149, 324, 307 of Indian Penal Code and Section 27 of the Arms
Act, by which the Court concerned allowed the petition dated
17.01.2017 filed by the petitioner u/s 311 of Cr.P.C., only with
Patna High Court CR. MISC. No.58663 of 2018(2) dt.27-02-2026
2/2
respect to call for injury report of injured Shivji Singh from
B.R.D. Medical College but not allowed the prayer to call for
the Registrar of B.R.D. Medical College.
3. Learned counsel for the petitioner submits that this
case may be disposed as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. In view of the submissions of learned counsels for
the parties, this case stands disposed of as it has become
infructuous.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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