Patna High Court
Anil OjhaversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition under Section 482 CrPC is disposed of, confirming the trial court’s disposal of the case.
Summary
The petitioner, Anil Ojha, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 21 August 2018 of the 9th Additional Sessions Judge, Muzaffarpur, which had rejected his earlier application under Section 311 CrPC for recalling witnesses PW‑2 and PW‑3 for cross‑examination. The High Court examined the petition and noted a report indicating that the underlying Sessions trials (No. 3 of 2014/ No. 252 of 2017) had already been disposed of on 2 May 2019. Both counsel for the petitioner and the Additional Public Prosecutor for the State agreed that the matter could be closed. Considering the parties’ consent and the trial court’s disposal report, the High Court disposed of the petition without further interference. The order effectively upheld the trial court’s disposition and dismissed the petition for quash.
Issues considered
- Whether the order rejecting the petition under Section 311 CrPC for recalling witnesses can be quashed under Section 482 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 311, 482
Subjects
- Criminal Procedure
- Section 311 CrPC
- Section 482 CrPC
- quash petition
- cross‑examination
- trial disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61399 of 2018
Arising Out of PS. Case No.-22 Year-2013 Thana- UNIVERSITY District- Muzaffarpur
======================================================
Anil Ojha Son of Late Surendra Ojha, Resident of Village- Khabra, P.S.
Sadar, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate
For the Opposite Party/s : Mr. Sri Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 28-01-2026 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 dated 21.08.2018 passed by
the learned 9th Additional Sessions Judge, Muzaffarpur in
Sessions Trial No. 3 of 2014/ Sessions Trial No. 252 of 2017,
arising out of University P.S. Case No. 22 of 2013 by which
petition dated 14.08.2018 filed by the petitioner under Section
311 Cr.P.C. for recalling of P.W.-2 and P.W.-3 for cross-
examination was rejected.
3. As per the report, vide letter no. 34 dated
22.08.2025, submitted by the Court concerned, Sessions Trial
No. 3 of 2014/ Sessions Trial No. 252 of 2017, arising out of
University P.S. Case No. 22 of 2013 has been disposed of on
Patna High Court CR. MISC. No.61399 of 2018(2) dt.28-01-2026
2/2
02.05.2019.
4. Learned counsel for the petitioner submits that this
case may be disposed of.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. Considering the submissions of learned counsels
for the parties and report of the learned Trial Court, this case is
disposed of.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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