Patna High Court
Prem Chandra SinghversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Code of Criminal Procedure, 1973 — s. 482
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
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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)
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