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Patna High Court

Dinesh ThakurversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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