Patna High Court
Anant Kumar SinghversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the criminal miscellaneous application was infructuous and therefore disposed of.
Summary
Anant Kumar Singh filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure seeking to quash the order dated 23 July 2018 passed by a Special Judge, which had rejected his Section 311 application to recall witnesses. He contended that the matter had become infructuous. The State of Bihar raised no objection to his prayer. The Patna High Court, after hearing counsel for both sides, agreed that the application was indeed infructuous. Consequently, the Court disposed of the application without granting any further relief.
Issues considered
- Whether the High Court can exercise its inherent powers under Section 482 CrPC to quash the Special Judge's order
- Whether the petition has become infructuous and should be dismissed
Legislation cited
- Code of Criminal Procedure, 1973 — s. 311, 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Petition
- High Court
- Criminal Miscellaneous Application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60214 of 2018
Arising Out of PS. Case No.-36 Year-2013 Thana- BEUR District- Patna
======================================================
Anant Kumar Singh Son of Late Chandradeep Singh, Resident of Village-
Nadawan, P.S.- Barh, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilesh Kumar, Advocate.
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-03-2026 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
23.07.2018 passed by learned Special Judge for Elected
Member of Parliament and Bihar Legislative Assembly and
Council, Bihar, Patna in Special Case No.52 of 2018 arising out
of Sessions Trial No.154 of 2016 by which application filed the
petitioner under Section 311 of Cr.P.C. for recalling P.W.1 and
P.W.3 of their further cross examination in the light of the
deposition given in a connected Sessions Trial being Sessions
Trial No.154A of 2016 was rejected.
3. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, prays that the present
Patna High Court CR. MISC. No.60214 of 2018(2) dt.17-03-2026
2/2
case may be disposed of.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of having become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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