Patna High Court
Dinesh ThakurversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed and disposed of as infructuous.
Summary
The petitioner, Dinesh Thakur, filed a petition under Section 482 CrPC seeking to quash an order dated 06 July 2017 passed by the Sub-Divisional Judicial Magistrate, West Muzaffarpur, which had dismissed his earlier petition for initiating criminal proceedings against Anil Kumar Sharma under Sections 182 and 211 of the Indian Penal Code. The petitioner argued that the matter had become infructuous and should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The High Court examined whether a petition for quash could be entertained when the underlying order had already been acted upon and the subject matter was no longer live. Finding no merit in proceeding further and noting the consent of the State, the Court held that the petition was infructuous. Consequently, the petition was disposed of as infructuous.
Issues considered
- Whether a petition under Section 482 CrPC for quashing an order is maintainable when the underlying matter has become infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 182, 211
Subjects
- quash petition
- infructuous
- Section 182 IPC
- Section 211 IPC
- Criminal Procedure Code
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49955 of 2018
Arising Out of PS. Case No.-12 Year-2010 Thana- SARAIYA District- Muzaffarpur
======================================================
Dinesh Thakur S/o Shri Surendra Thakur, R/o Vill.- Shri Krishnapur, P.O.-
Bakhara, P.S.- Saraiya, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anil Kumar Sharma S/o Late Balijee Sharma, R/o Vill.- Bishunpur, P.S.-
Sariya, District- Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Braj Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-02-2026 This petition has been filed for quashing of order
dated 06.07.2017 passed by learned S.D.J.M., West Muzaffarpur
in Saraiya P.S. Case No.12 of 2010 corresponding to G.R. No.87
of 2010, Tr. No.1043 of 2017 whereby and whereunder the court
concerned dismissed the prayer of the petitioner vide petition
dated 12.06.2017 for initiation of proceeding against opposite
party no.2 under Sections 182 and 211 of I.P.C.
2. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
3. Learned APP for the State has no objection to this
prayer of the petitioner.
Patna High Court CR. MISC. No.49955 of 2018(2) dt.12-02-2026
2/2
4. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U T
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