Patna High Court
Ranjit Biswas and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was dismissed as infructuous because the petitioners had already been acquitted.
Summary
The petitioners, who were acquitted in a criminal case (Sessions Trial No. 85 of 2017) arising from a 2012 complaint, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 21.02.2018 that had rejected their earlier Section 227 petition. The High Court examined the petition in light of the trial court’s report confirming that the case had been disposed of on 06.08.2019 and the petitioners were already acquitted. Both parties agreed that the matter had become infructuous. The Court, noting the acquittal and lack of any remaining issue, disposed of the petition as infructuous. Consequently, the petition was dismissed without further proceedings.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing an order can be dismissed as infructuous when the petitioners have already been acquitted.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 227, 482
Subjects
- Criminal Procedure
- Section 482
- Section 227
- Quash Order
- Infructuous Petition
- Acquittal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19946 of 2018
Arising Out of PS. Case No.-4246 Year-2012 Thana- PURNIA COMPLAINT CASE District-
Purnia
======================================================
1. Ranjit Biswas, S/o Nathu Lal Biswas,
2. Kaushalya Devi W/o Nathu Lal Biswas,
3. Nathu Lal Biswas S/o Late Sidheshwar Biswas @ Sidhu Biswas,
4. Sanjay Biswas S/o Nathu Lal Biswas, All are R/o Village- Begna, P.S.-
Mahalgaon, District- Araria.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Vineeta Devi @ Binti Devi D/o Laxmi Narayan Biswas, R/o Village-
Pothiya, P.S.- Jalalgarh, District- Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Viveka Nand Singh, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 28-01-2026 Heard learned counsel for the petitioners 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 21.02.2018 passed by
the Fast Track Court-2, Purnea in Sessions Trial No. 85 of 2017,
arising out of Purnea Complaint Case No. 4246 of 2012
whereby and whereunder petition filed under Section 227
Cr.P.C. dated 16.03.2017 was rejected.
3. As per the report of the learned Trial Court, vide
letter no. 01/2023 dated 09.01.2023, as well as report of the
Patna High Court CR. MISC. No.19946 of 2018(4) dt.28-01-2026
2/2
Office, Sessions Trial No. 85 of 2017, arising out of Purnea
Complaint Case No. 4246 of 2012 has been disposed of on
06.08.2019 and the petitioners have already been acquitted.
4. Learned counsel for the petitioners submits that
petitioners have already been acquitted and this case has
become infructuous, accordingly, prays for disposal of this case.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
6. Considering the submissions of learned counsels
for the parties and report of the learned Trial Court, this case is
disposed of having become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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