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Patna High Court

Shivjee SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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

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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