Patna High Court
Akhilesh Singh @ Akhilesh Kumar Singh @ Akhilesh KumarversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as infructuous because the criminal case has already been concluded with the petitioner’s acquittal.
Summary
The petitioner, Akhilesh Singh, filed a petition under Section 482 CrPC seeking to quash an order dated 05‑07‑2017 passed by the learned CJM, Begusarai, which had taken cognizance of offences under Sections 494 and 498A of the IPC and the Dowry Prohibition Act. The underlying criminal case (Begusarai Muffasil P.S. Case No.192 of 2017) had already been concluded with the petitioner’s acquittal on 04‑03‑2025. The petitioner argued that the petition was now infructuous. The State, represented by an Additional Public Prosecutor, raised no objection to the prayer. The High Court held that since the substantive case was disposed and the petitioner acquitted, the petition for quashing the earlier order could not be entertained and therefore dismissed it as infructuous.
Issues considered
- Whether a petition under Section 482 CrPC to quash an order taking cognizance of offences under Sections 494, 498A IPC and the Dowry Prohibition Act is maintainable after the accused has been acquitted in the substantive case?
Legislation cited
- Dowry Prohibition Act
- Indian Penal Code — s. 494, 498A
Subjects
- quash petition
- Section 494 IPC
- Section 498A IPC
- Dowry Prohibition Act
- acquittal
- infructuous
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48868 of 2018
Arising Out of PS. Case No.-192 Year-2017 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Akhilesh Singh @ Akhilesh Kumar Singh @ Akhilesh Kumar S/o Ram Vinay
Singh, R/o Vill.- Naya Tola Wajitpur, P.S.- Muffasil Lakho O.P., District-
Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rina Devi, w/o Akhilesh Singh, r/o Naya Tola Wajitpur, P.S. Muffasil
(Lakho O.P.), District Begusarai, at present residing at, Daughter of Yogendra
Pd. Singh, r/o village & P.S. Navkothi, District Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Choubey, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 30-01-2026 This petition has been filed for quashing of order
dated 05.07.2017 passed by learned C.J.M., Begusarai in
connection with Begusarai Muffasil P.S. Case No.192 of 2017
whereby and whereunder cognizance was taken by the court
concerned under Section 494 and 498A of I.P.C. and Sections ¾
of Dowry Prohibition Act.
2. From the status report, it appears that the said case
has already been disposed of and the accused petitioner has been
acquitted on 04.03.2025.
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
Patna High Court CR. MISC. No.48868 of 2018(3) dt.30-01-2026
2/2
prayer of the petitioner.
5. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U
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