Patna High Court
Ghanshyam MahtoversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as infructuous because the petitioner has already been acquitted, and the earlier order is thereby rendered ineffective.
Summary
The petitioner, Ghanshyam Mahto, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 22 September 2017 that had taken cognizance against him under Sections 30(A), 32(2) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner argued that he had already been acquitted in the same case on 6 February 2023, rendering the petition moot. The State did not oppose the petition. The Court examined the petition, the report from the office confirming the earlier acquittal, and the submissions of counsel. Finding that the matter had become infructuous, the Court disposed of the petition. The order effectively quashes the earlier order as it is no longer operable.
Issues considered
- Whether a petition under Section 482 Cr.P.C. to quash an earlier order is maintainable when the petitioner has already been acquitted in the same case?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(A), 32(2), 41(1)
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Petition
- Acquittal
- Bihar Prohibition and Excise Act
- Infructuous Petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17420 of 2018
Arising Out of PS. Case No.-315 Year-2016 Thana- VAISHALI District- Vaishali
======================================================
Ghanshyam Mahto S/o Ramesh Mahto, R/o Village- Basantpur Patti, P.S.-
Saraiya, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shyameshwar Kumar Singh
For the Opposite Party/s : Mr.Sri Ajay Kumar-1
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 22.09.2017 passed by
the learned Additional Sessions Judge IInd, Vaishali at Hajipur
in Vaishali P.S. Case No. 315 of 2016 whereby and whereunder
cognizance was taken against the petitioner under Sections
30(A), 32(2) and 41(1) of the Bihar Prohibition and Excise Act.
3. As per the report submitted by the Office (kept at
Flag ‘R-I’), Vaishali P.S. Case No. 315 of 2016 has been
disposed of and the petitioner has already been acquitted on
06.02.2023.
4. Learned counsel for the petitioner submits that
petitioner has already been acquitted and this petition has
Patna High Court CR. MISC. No.17420 of 2018(4) dt.28-01-2026
2/2
become infructuous, accordingly, this case may be disposed of.
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 Office, this case is disposed of
having become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.