Patna High Court
Santosh Kumar Sharma @ Santosh KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The criminal miscellaneous application is disposed of as infructuous and is dismissed.
Summary
The petitioner, Santosh Kumar Sharma, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash two earlier orders – one dated 18‑04‑2018 passed by the Sessions Judge, Vaishali, and another dated 29‑11‑2017 passed by the Chief Judicial Magistrate, Vaishali. The petitioner argued that the proceedings had become infructuous and therefore should be dismissed. The State of Bihar, represented by the Superintendent of Police, raised no objection to the petitioner's request. After hearing both sides, the High Court held that the application was indeed infructuous and disposed of it accordingly. Consequently, the orders were not quashed but the petition itself was dismissed as moot.
Issues considered
- Whether the criminal revision and complaint orders can be quashed under Section 482 of the Criminal Procedure Code
- Whether the petition is infructuous and therefore liable to be dismissed
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51219 of 2018
Arising Out of PS. Case No.-2699 Year-2016 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Santosh Kumar Sharma @ Santosh Kumar S/o Late Harikant Sharma, R/o
Vill.- Dumari, P.O.- Dumari, P.S.- Sarai, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar.
3. Sri Rakesh Kumar, Present Superintendent of Police, Vaishali at Hajipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Chandra, Advocate.
For the Opposite Party/s : Mr. Chaubey Jawahar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-02-2026 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
18.04.2018 passed by learned Sessions Judge, Vaishali at
Hajipur in Cr. Rev. No.05 of 2018 as well as the order dated
29.11.2017 passed in Complaint Case No.C1-2699 of 2016
passed by learned Chief Judicial Magistrate, Vaishali at Hajipur.
3. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. Considering the submissions of learned counsels
Patna High Court CR. MISC. No.51219 of 2018(2) dt.12-02-2026
2/2
for the parties, the present Cr. Misc. Application stands disposed
of as it has become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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