Patna High Court

Shiv Prasan Ram @ Shiv Prasan SinghversusState Of Bihar and Anr

Decided: 30 January 2026
Disposal: DISMISSED
Bench: SHAILENDRA SINGH

Holding

The petition was dismissed as infructuous because the underlying case had been disposed of.

Summary

Shiv Prasan Ram filed a criminal miscellaneous petition challenging an order that had taken cognizance of alleged offences against him. The petition sought relief against the State of Bihar and the District Manager of the State Food Corporation. The court noted that the underlying case had already been disposed of on 11 October 2018. Since the subject matter of the petition was already concluded, the court held that the petition had become infructuous. Consequently, the petition was dismissed.

Issues considered

Whether a petition challenging an order taking cognizance is maintainable when the underlying case has already been disposed of

Subjects

petition dismissed
infructuous
cognizance
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7453 of 2017
                      Arising Out of PS. Case No.-69 Year-2015 Thana- NAWANAGAR District- Buxar
                 ======================================================
                 Shiv Prasan Ram @ Shiv Prasan Singh Son of Late Raghunath Ram, resident
                 of Village- Garhani, P.S.- Charpokhari, Dist- Bhojpur Labour Enforcement
                 Officer at Paddy Purchase Centre Dumrao New Bhojpur, P.S. Dumrao, Dist.-
                 Buxar.
                                                                          ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.    District Manager State Food Corporation, Buxar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Rajendra Nath Sinha, Advocate
                 For the State           :        Mr. Rajendra Singh Shastriji, APP
                 For the O.P. No.2       :        Mr. Shailendra Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

3   30-01-2026                    Mr. Rajendra Nath Sinha, learned counsel for the

                   petitioner and Mr. Shailendra Kumar Singh, learned counsel for

                   the O.P. No. 2 are present.

                                 2. As per the office note, the petitioner’s case, in

                   which the impugned order taking cognizance of the alleged

                   offences was passed, has already been disposed of on

                   11.10.2018. Considering this aspect, the instant petition has

                   become infructuous, so, it stands dismissed.



                                             (Shailendra Singh, J)
maynaz/-

U     T

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