Patna High Court
Mazahar Alam and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120B, 406, 417, 420, 421, 426, 463
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/-
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