Disposed

Vineet Kumar v. The State of Bihar

Patna HC7 Jul 2025CR. REV./237/2023

Case brief

AI extract

What is this about?

Superintendent of Police challenged a Sessions Judge order imposing costs for returning unexecuted process against an absconding accused. Since the underlying trial had been disposed of during pendency, the High Court quashed the order and show cause as having lost force.

What did the court decide?

Impugned order dated 13.01.2023 and show cause dated 13.01.2023 imposing Rs. 5,000 cost were quashed; revision disposed.

Vineet Kumar Vs The State of Bihar — Criminal Trial and Appeal | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.237 of 2023

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Arising Out of PS. Case No.-9 Year-1990 Thana- KOCHAS District- Rohtas

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======================================================

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Vineet Kumar S/O Bimal Kishor Gupta Resident of Gaddi Road, Jaynagar, Ps- Jaynagar Dist- Madhubani At present- The Superintendent of Police, Rohtas at Dehri on sone Dist- Rohtas

... ... Petitioner/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Satish Kumar Singh, Adv. For the Respondent/s : Mr. Md. Matloob Rab, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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5 07-07-2025

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The petitioner is Superintendent of Police, Rohtas, who challenges legality, propriety and validity of the order dated 13^th January, 2023 as well as the show cause dated 13^th January, 2023, passed in Sessions Trial No. 340 of 1993 by the learned 1^st Additional District & Sessions Judge, Rohtas at Sasaram.

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By passing the said order, the trial court issued processes against one absconding accused under Sections 82 and 83 of the Cr.P.C., directing the Superintendent of Police, Rohtas to execute the process. The Superintendent of Police, Rohtas returned the said process without execution with the following remarks:-

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“For further proceeding the same is

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returned.”

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The action on the part of the Superintendent of

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Police, Rohtas was not viewed properly by the trial court and he

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Patna High Court CR. REV. No.237 of 2023(5) dt.07-07-2025 2/2

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imposed cost of Rs. 5,000/- upon the Superintendent of Police, Rohtas, vide order dated 13^th January, 2023. The said order and show cause dated 13^th January, 2023 are under challenge in the instant criminal revision.

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At the time of hearing, it is submitted by the learned Advocate on behalf of the petitioner that Sessions Trial No. 340 of 1993 has already been disposed of on 22^nd May, 2023. Therefore, the impugned order has lost its force.

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This Court is also of the similar view that the impugned order has lost their force after disposal of Sessions Trial No. 340 of 1993.

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The aforesaid impugned order cannot be executed against the petitioner at this stage.

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Therefore, on disposal of Sessions Trial No. 340 of 1993 the impugned order dated 13^th January, 2023 and show cause 13^th January, 2023 are quashed.

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The instant criminal revision is accordingly disposed

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of.

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(Bibek Chaudhuri, J)

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pravinkumar/-

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U T

Vineet Kumar v. The State of Bihar

Case brief

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Vineet Kumar v. The State of Bihar

Case brief

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