Patna High Court
Rajendra RamversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of because the trial court had already disposed of the case, rendering the relief sought under Section 482 unnecessary.
Summary
The petitioner, Rajendra Ram, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 10 October 2017 in which the 9th Additional Sessions Judge, Muzaffarpur, rejected his request for discharge in S.Tr. No. 272 of 2017. The petition argued that the matter had already been disposed of by the trial court on 29 March 2019, as reflected in a report dated 22 August 2025. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's prayer. The High Court, after hearing counsel and reviewing the trial court’s report, noted that the case had indeed been disposed of and therefore found no merit in continuing the petition. Consequently, the Court disposed of the petition, effectively granting the relief sought.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing an order can be entertained when the trial court has already disposed of the case.
- Whether the order rejecting the petitioner's discharge application can be set aside in view of the subsequent disposal of the trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Discharge Application
- Petition Disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.878 of 2018
Arising Out of PS. Case No.-93 Year-2016 Thana- KANTI District- Muzaffarpur
======================================================
Rajendra Ram S/o Sukhram Ram, R/o Village- Bangri O.P. Panapur, P.S.-
Kanti, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s : Mr. Sri Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 28-01-2026 Heard learned counsels for the parties.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 10.10.2017 passed by
the learned 9th Additional Sessions Judge, Muzaffarpur in S.Tr.
No. 272 of 2017, arising out of Kanti (Panapur O.P.) P.S. Case
No. 93 of 2016 whereby petition of the petitioner for his
discharge was rejected.
3. As per the report, vide letter no. 33 dated
22.08.2025 (kept at Flag ‘R’), the Court concerned has
submitted that Kanti P.S. Case No. 93 of 2016, corresponding to
Sessions Trial No. 272 of 2017 has been disposed of, vide order
dated 29.03.2019.
4. Learned counsel for the petitioner submits that this
case may be disposed of.
Patna High Court CR. MISC. No.878 of 2018(4) dt.28-01-2026
2/2
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. Considering the submissions of learned counsels
for the parties and report of the learned Trial Court, this case is
disposed of.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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