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Patna High Court

Mazahar Alam and AnrversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application is disposed of as infructuous because the impugned order has already been quashed.

Summary

The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 24‑10‑2016 that had taken cognizance of offences under Sections 406, 417, 420, 421, 426, 463 and 120(B) of the Indian Penal Code. The trial court, in a separate proceeding (Cr. Misc. No.5689 of 2022), had already quashed the impugned order on 17‑03‑2026. The petitioners argued that their application had become infructuous, and the State raised no objection. The High Court, after considering the report and the parties' submissions, held that the application could be disposed of as the order had already been set aside. Consequently, the petition was dismissed as infructuous.

Issues considered

  • What is the appropriate disposition of a criminal miscellaneous application when the order sought to be quashed has already been set aside in a separate proceeding?

Legislation cited

Subjects

  • Section 482 CrPC
  • quash order
  • infructuous petition
  • criminal miscellaneous application
  • Indian Penal Code offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43433 of 2018
                 Arising Out of PS. Case No.-1483 Year-2016 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     Mazahar Alam, aged about 45 years, General Manager, Bihar, 1st Floor,
                  Rajendra Ram Plaza, Exhibition Road, P.S.- Gandhi Maidan, Patna- 800001.
           2.    Rajeev Ranjan, aged about 50 years, Regional Manager, 1st Floor Rajendra
                 Ram Plaza, Exhibition Road, P.S.- Gandhi Maidan, Patna, Pin- 800001.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar.
           2.    Gayatri Kumari, aged- 70 years, w/o- Late Hardeo Singh, Both O.P. No. 2
                 and 3 are resident of Flat No- 103, Sri Sai Prakash, Sahdeo Nagar, Patel
                 Nagar, P.S. Shashtri Nagar, Patna- 800024.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Abhay Kumar Sinha, Advocate.
                 For the Opposite Party/s :     Mr. Pranav Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   27-04-2026                  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

                   24.10.2016 passed by learned J.M. 1st Class, Patna in connection

                   with Complaint Case No.1483(c) of 2016 by which cognizance

                   under Sections 406, 417, 420, 421, 426, 463 & 120(B) of the

                   I.P.C. has been taken against the petitioners.

                                3. Vide order dated 26.03.2026, a report regarding

                   present status of case was called for and the same was sent vide

                   Letter No.317 of 2026 dated 06.04.2026 by the learned JMFC
              Patna High Court CR. MISC. No.43433 of 2018(4) dt.27-04-2026
                                                          2/2




                        Court, No.2, Civil Court, Patna. As per the said report of the

                        learned Trial Court, it is stated that vide order dated 17.03.2026

                        passed in Cr. Misc. No.5689 of 2022, the impugned order dated

                        24.10.2016 passed by the learned J.M. 1st Class, Patna in

                        connection with Complaint Case No.1483(c) of 2016 has

                        already been quashed.

                                     4. In view of the aforesaid, learned counsel for the

                        petitioners submits that this case may be disposed of as it has

                        become infructuous.

                                     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 the report of the learned Trial Court, the

                        present Cr. Misc. Application stands disposed of as it has

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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