Patna High Court
Satyadeo Prasad @ Satyendra MahtoversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition under Section 482 Cr.P.C. is dismissed as infructuous because the original criminal case has been concluded with an acquittal.
Summary
The petitioner filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 16 July 2016 that had dismissed his earlier petition under Section 239 Cr.P.C. The trial court later sent a letter indicating that the original case (Araria P.S. Case No. 302 of 2012) had already been disposed of and the accused were acquitted on 10 July 2023. The petitioner argued that the petition had become infructuous and should be disposed of. The State had no objection to this request. The High Court, after hearing both sides, held that since the substantive criminal proceedings were concluded with an acquittal, the petition under Section 482 was indeed infructuous and ordered its disposal.
Issues considered
- Whether a petition under Section 482 Cr.P.C. seeking quash of an order can be dismissed as infructuous when the underlying criminal case has already been disposed of and the accused acquitted.
Legislation cited
- Criminal Procedure Code — s. 239, 482
Subjects
- Criminal Procedure
- Section 482
- Infructuous petition
- Acquittal
- Quash order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46065 of 2016
Arising Out of PS. Case No.-302 Year-2012 Thana- ARARIA District- Araria
======================================================
Satyadeo Prasad @ Satyendra Mahto S/O Late Dineshwar Prasad Mahto,
Resident of Village- Baijnathpur, Ward No. 6 Araria R.S. P.S. and District
Araria.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Aasha Devi W/o Bijendra Prasad Yadav Resident of Village- Khairhiya
Basti, Ward No. 10 P.S. and District Araria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh, Advocate
For the Opposite Party/s : Mr. Kanhaiya Kishore, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 22-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 16.07.2016 passed by
the learned S.D.J.M., Araria in G.R. No. 1767 of 2012, arising
out of Araria P.S. Case No. 302 of 2012 by which the petition
filed by the petitioner under Section 239 Cr. P.C. was dismissed.
3. The learned Trial Court has sent a letter vide Letter
No. 956/2026/Admin dated 28.04.2026 enclosing therewith
Letter No. 88/2026 dated 25.04.2026 in which it is stated that
Araria P.S. Case No. 302 of 2012 (G.R. No. 1767 of 2012) has
already been disposed of and the accused persons have been
Patna High Court CR. MISC. No.46065 of 2016(3) dt.22-06-2026
2/2
acquitted on 10.07.2023.
4. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same may be
disposed of.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. Considering the submissions of the learned counsel
for the parties, the present case is disposed of having become
infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.