Patna High Court
business at Bailey Road, MLA Colony, Raja Bazar, IndrapuriversusTHE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA
- Decided
- Disposal
- DISMISSED
- Bench
- JITENDRA KUMAR
Holding
The petition is dismissed as infructuous.
Summary
Paras HMRI Hospital filed a criminal writ petition before the Patna High Court challenging actions of the State of Bihar and police officials. The State informed the Court that the underlying criminal case (PS Case No. 352 of 2019) had been closed by filing a final report due to lack of evidence against the petitioner. Consequently, the State argued that the petition had become infructuous. The Court considered the State's submission that no further relief could be granted as the matter was already disposed of. Accordingly, the Court dismissed the petition as infructuous.
Issues considered
- Whether a criminal writ petition remains maintainable when the underlying criminal case has been closed for want of evidence
Subjects
- criminal procedure
- infructuous petition
- case closure
- maintainability
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1074 of 2019
Arising Out of PS. Case No.-352 Year-2019 Thana- SHASTRINAGAR District- Patna
======================================================
PARAS HMRI HOSPITAL, Having Its Place Of Business At Bailey Road,
Mla Colony, Raja Bazar, Indrapuri Patna, Bihar 800014 Through Its
Authorized Signatory, Dr. Syed Asif Rahman (Age About 44 Years, Male),
Son Of Mr. Sayed Motiur Rahman, Resident Of B/56 Pc Colony, Kankarbagh,
P.S.- Kankarbagh, District- Patna
... ... Petitioner/s
Versus
1. The State Of Bihar Through The Director General Of Police, Bihar, Patna
2. The Senior Superintendent of Police, Patna
3. Rakesh Ranjan Son of Jawahar Lal Rajak Resident of 20-A, Harding Road,
P.S.- Sachivalaya, District- Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Smt. Archana Shahi, Sr. Advocate
Mr. Alok Kumar Shahi, Advocate
Ms. Nisha Kumari Jha, Advocate
For the State : Mr. Suman Kumar Jha, AC to AAG-3
Ms. Rupali Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
5 19-01-2026 Heard both the parties.
2. It is informed by learned counsel for the State that
the matter has been closed by filing the final form for want of
any evidence against the petitioner and hence, the present
petition has become infructuous.
3. Accordingly, the present petition is dismissed as
infructuous.
(Jitendra Kumar, J)
shoaib/-
U T
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