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Patna High Court

Sonu KumarversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The petition was disposed of as infructuous because the original criminal proceeding had already been concluded with acquittal.

Summary

The petitioner, Sonu Kumar, filed a petition under Section 482 CrPC seeking to quash an order dated 31 March 2018 passed by the Chief Judicial Magistrate, Jamui, which had taken cognizance of several IPC offences (341, 323, 504, 506, 354(B), 379, 452 and 34). The petitioner argued that the underlying case (Jamui P.S. Case No. 240 of 2017) had already been disposed of and the accused, including himself, had been acquitted, rendering the order infructuous. The State of Bihar raised no objection to the petition. The High Court examined whether a petition for quashing remains maintainable after the substantive criminal case is concluded. Finding that the order no longer had any operative effect, the Court disposed of the petition as infructuous.

Issues considered

  • Whether a petition under Section 482 CrPC for quashing a criminal order is maintainable when the original case has been concluded and the accused acquitted.

Legislation cited

Subjects

  • quash petition
  • infructuous
  • Criminal Procedure Code
  • Indian Penal Code
  • acquittal
  • jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38705 of 2018
                         Arising Out of PS. Case No.-240 Year-2017 Thana- JAMUI District- Jamui
                 ======================================================
                 Sonu Kumar S/o Late Mahendra Rawat, resident of village Sirchand, Nawada,
                 P.S. and District Jamui.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amrendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Satyendra Narayan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   28-01-2026                  This petition has been filed for quashing of order

                   dated 31.03.2018 passed by learned C.J.M., Jamui in Jamui P.S.

                   Case No.240 of 2017 whereby and whereunder cognizance for

                   the offences under Sections 341, 323, 504, 506, 354(B), 379,

                   452/34 of the I.P.C. was taken by the court concerned against all

                   the accused persons including petitioner.

                                2. From the office report, it appears that Jamui P.S.

                   Case No.240 of 2017 pending in the court concerned has

                   already been disposed of and the accused persons have been

                   acquitted.

                                3. Learned counsel for the petitioner submits that this

                   case may be disposed of as it has become infructuous.

                                4. Learned APP for the State has no objection to this

                   prayer of the petitioner.
           Patna High Court CR. MISC. No.38705 of 2018(3) dt.28-01-2026
                                                       2/2




                                  5. In view of the above, this petition is disposed of as

                     having become infructuous.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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