Patna High Court

Sajid Hussain @ Dr. Sajid HussainversusThe State of Bihar

Decided: 27 February 2026
Disposal: DISMISSED
Bench: SOURENDRA PANDEY

Holding

The application is dismissed as it has become infructuous following the magistrate's order finding no prima facie case.

Summary

The petitioner, Sajid Hussain, filed an application before the High Court of Patna challenging the continuation of criminal proceedings. During the pendency of the application, the police submitted the final form, and the Additional Chief Judicial Magistrate‑IV, Patna Sadar, on 12 January 2026, accepted it, stating that there was no prima facie material to proceed further. The petitioner argued that the case should not be dismissed despite the magistrate's finding. The Court examined the status of the proceedings and noted that the magistrate’s order effectively terminated the criminal case. Consequently, the High Court held that the petitioner's application had become infructuous and dismissed it.

Issues considered

Whether the petitioner's application remains maintainable after the police have submitted the final form and the magistrate has found no prima facie material.

Subjects

Criminal Procedure Code
Final Form
Prima facie
Infructuous application
Dismissal

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.8534 of 2025
                    Arising Out of PS. Case No.-1590 Year-2024 Thana- PHULWARISHARIF District- Patna
                   ======================================================
                   Sajid Hussain @ Dr. Sajid Hussain, S/O Late Hadi Hussain Resident of flat
                   no.- 201,Muneer Enclave, Road no.-3A,New Patliputra Colony, P.S-
                   Patliputra, Dist- Patna
                                                                          ... ... Petitioner/s
                                                    Versus
              1.    The State of Bihar
              2.    Shahnawaz Kousar, S/O Late Kaisar Kamal R/O FCI Road, P.S-
                    Phulwarisharif, Dist- Patna
                                                             ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Amit Kumar Anand, Advocate
                   For the Opposite Party/s :       Mr. Anil Kumar, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                         ORAL ORDER

2    27-02-2026                   At the outset, learned counsel for the petitioner

                     submits that during the pendency of this application, the police

                     had submitted the final form and by order dated 12.01.2026 the

                     learned Court of Additional Chief Judicial Magistrate-IV, Patna

                     Sadar, has accepted the final form and has categorically

                     mentioned that the Court does not find any prima facie material

                     on record to proceed further in this case.

                                  2. In view of the above, the present application stands

                     dismissed as having become infructuous.



                                                (Sourendra Pandey, J)
manoj/-

U         T

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