Patna High Court
Mithlesh Kumar SharmaversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
A petition under Section 482 Cr.P.C. is dismissed as infructuous when the substantive criminal proceeding it seeks to affect has already been disposed of.
Summary
The petitioner, Mithlesh Kumar Sharma, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 23 February 2018 passed by the Fast Track Court‑I, Khagaria, after his earlier petition under Section 227 was rejected. The petition was filed because the underlying Sessions case (No. 386 of 2017) had already been disposed of on 23 December 2023, as per the report from the Office. The petitioner argued that the matter had become infructuous and should be dismissed, while the State of Bihar raised no objection to this request. The Court examined whether a Section 482 petition could continue when the substantive criminal proceeding was already concluded. Relying on the fact that the criminal case was terminated, the Court held that the petition was infructuous and ordered its disposal. Consequently, the petition was dismissed without further hearing.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing an order remains maintainable when the underlying criminal case has already been disposed of, rendering the petition infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 227, 482
Subjects
- Section 482
- quash order
- infructuous petition
- Criminal Procedure Code
- Fast Track Court
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19706 of 2018
Arising Out of PS. Case No.-93 Year-2017 Thana- BELDOUR District- Khagaria
======================================================
Mithlesh Kumar Sharma S/o Late Dev Narayan Sharma, R/o Village-
Chodhali Bisni Bathan, P.S.- Beldaur, District- Khagaria.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Ramratan Bhagat S/o Late Ganesh Bhagat, R/o Village- Chodhali, P.S.-
Beldaur, District- Khagaria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Viveka Nand Singh, Advocate
For the Opposite Party/s : Mr. Sri Asharaf Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
7 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 23.02.2018 passed by
the Fast Track Court-I, Khagaria in Sessions Case No. 386 of
2017, arising out of Beldaur P.S. Case No. 93 of 2017 whereby
and whereunder petition filed under Section 227 Cr.P.C. dated
08.02.2018 was rejected.
3. As per the report submitted by the Office (kept at
Flag ‘R-1’), Sessions Case No. 386 of 2017, arising out of
Beldaur P.S. Case No. 93 of 2017 has been disposed of, vide
order dated 23.12.2023.
Patna High Court CR. MISC. No.19706 of 2018(7) dt.28-01-2026
2/2
4. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same 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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