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Patna High Court

Anil OjhaversusThe State Of Bihar

Decided
Disposal
DISPOSED

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

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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