Patna High Court
M/s. S. A. Glass and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 is dismissed as infructuous because the underlying complaint has already been disposed of.
Summary
The petitioners, M/s S.A. Glass and its proprietor S.Q. Hassan, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the order of cognizance and summons dated 15 March 2016 issued by the Additional Chief Judicial Magistrate, XI, Bhagalpur in Complaint Case No. 59 of 2015. They contended that the complaint had already been disposed of, rendering the proceedings infructuous. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners’ request. The High Court, after hearing counsel for both sides, agreed that the matter had become moot and therefore dismissed the application as infructuous. Consequently, the order of cognizance and summons was effectively set aside without further proceedings.
Issues considered
- Whether the order of cognizance and summons dated 15‑03‑2016 can be quashed under Section 482 of the Cr.P.C. on the ground that the underlying complaint has already been disposed of and the proceeding is infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Proceedings
- High Court Jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35835 of 2018
Arising Out of PS. Case No.-59 Year-2015 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur
======================================================
1. M/s. S. A. Glass, Shah Market Khalifabagh, Police Station- Kotwali,
District- Bhagalpur through its Proprietor S.Q. Hassan.
2. S.Q. Hassan S/o Late Syed Quamrul Hassan, Proprietor S.A. Glass, Shah
Market Khalifabagh, Police Station- Kotwali, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Arvind Sarda Son of Sri Virendra Sarda, Managing Director, Shiv Hari
Plywood Limited, resident of 127/216 Ratan Vihar Baradevi, Police Station-
Juhi Kanpur, District- Kanpur U.P..
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate.
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
6 17-03-2026 Heard learned counsel for the petitioner 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 taking
cognizance and issuing summon dated 15.03.2016 passed by
learned Additional Chief Judicial Magistrate, XI, Bhagalpur in
connection with Complaint Case No.59 of 2015.
3. Learned counsel for the petitioner submits that the
Complaint Case No.59 of 2015 has already been disposed of
and this case has become infructuous, accordingly, prays that the
Patna High Court CR. MISC. No.35835 of 2018(6) dt.17-03-2026
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present case may be disposed of.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of having become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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