Patna High Court
Virendra Singh @ Virendra Kumar SinghversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is disposed of, granting the petitioner liberty to raise his points before the trial court at the appropriate stage.
Summary
The petitioner, Virendra Singh, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 05.02.2018 passed by the Additional Sessions Judge in a criminal revision case. The trial court reported that the trial was pending for defence evidence. The petitioner argued that the matter could be disposed of while allowing him to raise all points before the trial court at the appropriate stage. The State's Additional Public Prosecutor raised no objection to the petitioner's prayer. The High Court, after hearing both sides, disposed of the application, granting the petitioner liberty to approach the trial court with his points as requested.
Issues considered
- Whether the High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash the order of the Additional Sessions Judge in the pending criminal revision case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- quash order
- pending trial
- liberty to approach trial court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60975 of 2018
Arising Out of PS. Case No.-179 Year-2005 Thana- MAHNAR District- Vaishali
======================================================
Virendra Singh @ Virendra Kumar Singh Son of Ram Chandra Singh,
resident of Village- Kala Pahar, P.S.- Jandaha, District- Vaishali at Hajipur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate.
For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
5 28-04-2026 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
05.02.2018 passed by learned Additional Sessions Judge-VIII,
Hajipur, Vaishali in Criminal Revision Case No.158 of 2012.
3. A report regarding present status of case sent vide
Letter No.784 dated 09.10.2025 by the learned Trial Court. As per
the said report of the learned Trial Court, it is stated that trial of
the case is pending for defence evidence.
4. After some argument, learned counsel for the
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
Patna High Court CR. MISC. No.60975 of 2018(5) dt.28-04-2026
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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/-
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