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Patna High Court

Mrinal Kishore Priyadarshi @ Gopal PandeyversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application under Section 482 Cr.P.C. is dismissed as infructuous because the underlying complaint case has already been disposed.

Summary

The petitioner, Mr. Mrinal Kishore Priyadarshi, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 29‑04‑2015 passed by the Judicial Magistrate First Class, Patna, in Complaint Case No. 30313(C) of 2014. The trial court’s report dated 04‑04‑2026 indicated that the complaint case had already been disposed of. The petitioner argued that the application had become infructuous and should be dismissed. The State, through its Additional Public Prosecutor, raised no objection to the petitioner's prayer. The High Court, after hearing counsel, held that since the underlying complaint was already disposed, the miscellaneous application was indeed infructuous and therefore disposed of. The order effectively dismissed the application without further proceedings.

Issues considered

  • Whether a criminal miscellaneous application under Section 482 Cr.P.C. seeking quash of an order can be dismissed as infructuous when the underlying complaint case has already been disposed?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous Application
  • High Court Disposal
  • Complaint Case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48001 of 2018
                 Arising Out of PS. Case No.-30313 Year-2014 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Mrinal Kishore Priyadarshi @ Gopal Pandey S/o Shri Janardan Pandey, R/o
                 Mohalla- Pathari Ghat Tripolia, P.S.- Alamganj, District- Patna.

                                                                                  ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar.
           2.    Madhu Pathak @ Madhu Kumari W/o Mrinal Kishore Priyadarshi @ Gopal
                 Pandey D/o Rajeshwar Pathak @ Rajesh Pathak, R/o Vill.- Birampur, P.S.-
                 Koilwar, District- Bhojpur, at present R/o Jawahar Nagar, D.S.P. Road
                 Gumla, P.S.- Gumta, District- Gumla Jharkhand.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dilip Kumar, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar Singh 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   07-07-2026                  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 dated

                   29.04.2015 passed by learned J.M. 1st Class, Patna in connection

                   with Complaint Case No.30313(C) of 2014.

                                3. As per the report of the learned Trial Court dated

                   04.04.2026 vide letter no.87 of 2026, Complaint Case

                   No.30313(C) of 2014 has already been disposed of.

                                4. Learned counsel for the petitioner submits that this

                   case may be disposed of as it has become infructuous.
              Patna High Court CR. MISC. No.48001 of 2018(3) dt.07-07-2026
                                                          2/2




                                     5. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioner.

                                     6. Considering the submissions of learned counsel for

                        the parties, the present Cr. Misc. Application stands disposed of

                        as it has become infructuous.



                                                (Sunil Dutta Mishra, J)
Utkarsh.k/-

U      T


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