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Patna High Court

Prem Chandra SinghversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The Court held that it may correct and modify its earlier order in accordance with the parties' submissions and dispose of the application.

Summary

Prem Chandra Singh filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 18‑06‑2018 passed by the Sessions Judge, Vaishali. During the hearing, the petitioner’s counsel indicated that he no longer wishes to pursue the petition and requested that the matter be disposed of. The State’s counsel agreed to the petitioner's request. The Court corrected the earlier order dated 30‑03‑2026 to reflect the parties’ submissions, modified it accordingly, and disposed of the application. The order dated 30‑03‑2026 was thereby amended and the case closed.

Issues considered

  • Whether the High Court can modify its earlier order to reflect the petitioner's desire to withdraw the criminal miscellaneous application and dispose of the matter

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash order
  • Withdrawal of petition
  • Correction of order
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.63179 of 2018
                 ======================================================
                 Prem Chandra Singh S/o Lalji Singh, Resident of Village-Chand Sarai, P.S.
                 Mahua, District- Vaishali, At Present Residing at Village- Senduari P.S. Sadar,
                 Hajipur, District- Vaishali.

                                                                                 ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar.
           2.    Ajay Singh S/o Jagannath Bhagat Resident of Village- Purkhauli, P.S.
                 Lalganj, District- Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Satya Prakash Sinha, Advocate.
                 For the Opposite Party/s :        Mr. Md. Nazir Ansari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   10-04-2026                  1. The present case has been listed today under the

                   heading “To Be Mentioned”.

                                2. Heard learned counsel for the petitioner and learned

                   A.P.P. For the State.

                                3. Learned counsel for the petitioner submits that vide

                   order dated 30.03.2026 this case was disposed off but due to

                   inadvertence and oversight the following order has been typed

                   which reads thus:-

                                              “No one appears on behalf of the petitioner

                                   to press this case. However, learned A.P.P. for the

                                   State is present.

                                              2. In the interest of justice, let this matter be

                                   listed on 15.04.2026.”
Patna High Court CR. MISC. No.63179 of 2018(3) dt.10-04-2026
                                            2/3




                       4. It appears that in place of said order, following

          order has to be typed which reads thus:-

                                  “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 18.06.2018 passed by

                          learned Sessions Judge, Vaishali at Hajipur in Cr.

                          Rev. No.97 of 2018 filed against the order dated

                          09.02.2018 passed in Case No.MI/2171 of 2017

                          (Ajay Singh vs. Prem Chandra Singh).

                                  3. Learned counsel for the petitioner submits

                          that he does not want to press the present petition,

                          accordingly, prays that the present 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

                          counsel for the parties, the present Cr. Misc.

                          Application stands disposed of. ”

                       5. Learned counsel for the petitioner submits that in

          view of the aforesaid facts, the order dated 30.03.2026 is
              Patna High Court CR. MISC. No.63179 of 2018(3) dt.10-04-2026
                                                          3/3




                        required to be corrected and modified to that extent.

                                     6. Learned A.P.P. for the State conceded the aforesaid

                        facts and has no objection to the same.

                                     7. In view of the submission made on behalf of

                        learned counsel for the parties, let the Order No.2 dated

                        30.03.2026 in the present case to be corrected and read as

                        mentioned in paragraph no.4 of the order passed today.

                                     8. Accordingly, the order dated 30.03.2026 stands

                        modified to the above extent and the case is disposed of.

                                     9. The order passed today shall be part and parcel of

                        the order dated 30.03.2026.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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