Patna High Court
MD. SAGEER @ MD. SAMIR and ANRversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the application was infructuous and disposed of it.
Summary
The petitioners, Md. Sageer and his son Md. Sayeed, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 15 November 2017 that had rejected their earlier petition for discharge under Section 227 of the Cr.P.C. The order in question was passed by the Additional District and Sessions Judge, II, Madhubani, in connection with S.T. No.384 of 2016. The petitioners argued that the matter had become infructuous and should be disposed of. The State of Bihar raised no objection to the petitioners' prayer. After hearing both sides, the High Court held that the application was indeed infructuous and therefore dismissed it. Consequently, the petition was disposed of without further adjudication on the merits.
Issues considered
- Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the order rejecting discharge under Section 227 Cr.P.C. is maintainable when the matter has become infructuous
Legislation cited
- Code of Criminal Procedure, 1973 — s. 227, 482
Subjects
- Criminal Procedure Code
- Section 482
- Section 227
- discharge
- quash order
- infructuous
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28793 of 2018
Arising Out of PS. Case No.-205 Year-2014 Thana- JHANJHARPUR District- Madhubani
======================================================
1. Md. Sageer @ Md. Samir Son of Md. Vaseer.
2. Md. Sayeed, Son of Md. Sageer.
Both Resident of Village- Pipraulia, P.S. Araria Sangram O.P., District-
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. S.N.P. Singh, Sr. Advocate.
Mr. S.P. Singh, Advocate.
For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
7 02-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
15.11.2017 passed by learned Additional District and Sessions
Judge, IInd, Madhubani in connection with S.T. No.384 of 2016
(arising out of Jhanjharpur P.S. Case No.205 of 2014) by which
petition filed by the petitioners for discharge under Section 227
of Cr.P.C. was rejected..
3. Learned counsel for the petitioners submits that this
case may be disposed of as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.28793 of 2018(7) dt.02-04-2026
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prayer of the petitioners.
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of as it has become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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