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Patna High Court

Ghanshyam MahtoversusThe State Of Bihar

Decided
Disposal
DISPOSED

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

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


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