Patna High Court
Md. Ahmad and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as the case has become infructuous.
Summary
The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 07-04-2018 of the First Trial Court, which had rejected their request to recall prosecution witnesses for further cross‑examination. The petitioners argued that the matter had become infructuous and should be disposed of. The State of Bihar, through its Additional Public Prosecutor, raised no objection to the petitioners' prayer. The High Court, after hearing counsel for both sides, agreed that the petition was infructuous. Consequently, the Court disposed of the petition without further adjudication on the merits.
Issues considered
- Whether the petition under Section 482 Cr.P.C. to quash the order rejecting the recall of prosecution witnesses is maintainable
- Whether the order of the First Trial Court can be set aside
- Whether the petition has become infructuous warranting disposal
Subjects
- Criminal Procedure Code
- Section 482
- Quash petition
- Recall of witnesses
- Infructuous case
- High Court disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61778 of 2018
Arising Out of PS. Case No.-69 Year-2010 Thana- SHRI NAGAR District- Madhepura
======================================================
1. Md. Ahmad, Son of Md. Mashrf.
2. Md. Rizabul,
3. Md. Nausad.
4. Md. Hasbul,
5. Md. Daud.
6. Md. Jamshed All 2 to 6 son of Md. Masruf.
7. Md. Sabir, Son of Late Bhola.
8. Md. Rohit, Son of Md. Talim,
9. Md. Motim, Son of Md. Fakira.
10. Md. Kasim, Son of Nakchhedi All 1 to 10 resident of Village- Ghaurdaur,
Police Station- Shrinagar, District- Madhepura.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Yadav, Advocate
For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioners 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 07.04.2018 passed by
the learned F.T.C. II, Madhepura in Shrinagar P.S. Case No. 69
of 2010, corresponding to S.T. No. 179 of 2011 by which recall
petition of the petitioners to recall the prosecution witnesses for
further cross-examination was rejected.
Patna High Court CR. MISC. No.61778 of 2018(2) dt.17-03-2026
2/2
3. Learned counsel for the petitioners submits that this
case has become infructuous, accordingly, the same may be
disposed of.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. Considering the submissions of the learned
counsels for the parties, the present case is disposed of having
become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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