Patna High Court

Hemul DhamijaversusThe State of Bihar through Principal Secretary, Home Department, Government of Bihar, Patna

Decided: 9 April 2026
Disposal: DISPOSED
Bench: SUDHIR SINGH SHAILENDRA SINGH

Holding

The application was disposed of as having become infructuous.

Summary

Hemul Dhamija filed a criminal writ application before the Patna High Court against the State of Bihar, police officials and family members of a detainee, seeking relief. The petitioner alleged that the victim had not been recovered. The State and the family members jointly submitted that the victim had already been recovered, rendering the application unnecessary. The Court accepted the joint submission and held that the application had become infructuous. Consequently, the Court disposed of the application without further hearing.

Issues considered

Whether the criminal writ application should be entertained when the victim has already been recovered

Subjects

criminal procedure
writ jurisdiction
victim recovery
infructuous application

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Criminal Writ Jurisdiction Case No.281 of 2026
                  ======================================================
                  Hemul Dhamija S/o Jitender Pal Dhamija Resident of - 320/23, DLF Colony, Near -
                  Circular Road, District - Rohtak, State – Haryana ... ... Petitioner/s
                                                          Versus
            1.    The State of Bihar through Principal Secretary, Home Department, Government of
                  Bihar, Patna
            2.    The Superintendent of Police, Sasaram, District - Rohtas, Bihar
            3.    Officer-in-Charge, Sasaram Sadar Police Station, District - Rohtas, Bihar
            4.    Janeshwar Mishra S/O Chandrama Mishra Father of the detenue namely Suruchi
                  Mishra, R/o - Gaurakshani, 11- G, Nala Par, P.O - Sasaram, P.S - Sasaram, District -
                  Rohtas, Bihar
            5.    Annu Mishra Mother of the detenue namely Suruchi Mishra, W/o Janeshwar Mishra,
                  R/o - Gaurakshani, 11-G, Nala Par, P.O - Sasaram, P.S - Sasaram, District - Rohtas,
                  Bihar
            6.    Shubham Mishra, Brother of the detenue namely Suruchi Mishra, S/o Janeshwar
                  Mishra R/o - Gaurakshani, 11-G, Nala Par, P.O - Sasaram, P.S - Sasaram, District -
                  Rohtas, Bihar
                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Ms. Kumari Anjali, Adv.
                  For the State            :        Mr. P.N. Sharma, AC to AG
                  For the Resp. Nos. 4-6   :        Mr. Randhir Kumar No. 1., Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                          and
                          HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                        ORAL ORDER
                        (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3    09-04-2026                   A joint submission has been made by learned counsel

                    for the parties that the present application has become

                    infructuous, as the victim has already been recovered.

                                 2. In view of the aforesaid joint submission made on

                    behalf of the parties, this application stands disposed of as

                    having become infructuous.

                                                                 (Sudhir Singh, J)


                                                             ( Shailendra Singh, J)
annu/-
U

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