Patna High Court
Hazi Hannan @ MazharversusState Of Bihar and Anr
- Decided
- Disposal
- WITHDRAWN
- Bench
- SUNIL DUTTA MISHRA
Holding
The application was dismissed as infructuous because the petitioner had died, rendering the relief sought moot.
Summary
The petitioner, Hazi Hannan, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 25 June 2015 that had rejected a revision against a 2013 order in a complaint case. During the pendency of this application, the petitioner died. The petitioner’s counsel therefore prayed that the application be disposed of as infructuous. The State, represented by an Additional Public Prosecutor, raised no objection to this request. The Court, after considering the submissions, held that the application could be disposed of as it had become infructuous due to the death of the petitioner, and accordingly dismissed the application.
Issues considered
- Whether a criminal miscellaneous application under Section 482 can be dismissed as infructuous due to the death of the petitioner
- Whether the Court has jurisdiction to quash the earlier order in light of the petitioner's death
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Death of Petitioner
- Infructuous Application
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53512 of 2015
Arising Out of PS. Case No.-3358 Year-2012 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Hazi Hannan @ Mazhar Son of Late Abdul Jabbar, Resident of Village-
Madhepur Tola Bagdob, P.S.- Balrampur, District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Md. Subhan Son of Haji Yakub Resident of Village- Ajhrail, P.S.-
Balrampur, District- Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate.
For the Opposite Party/s : Mr. Mukesh Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
7 09-07-2026 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
25.06.2015 passed by learned Additional District and Sessions
Judge-II, Katihar in Criminal Revision No.133 of 2013 by
which revision application against the order dated 12.07.2013
passed in Complaint Case No.3358 of 2012 was rejected.
3. Learned counsel for the petitioner submits that
petitioner had already been died during the pendency of present
application, accordingly, he prays that this case may be disposed
of as it has become infructuous.
Patna High Court CR. MISC. No.53512 of 2015(7) dt.09-07-2026
2/2
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. Considering the submissions of learned counsel for
the parties, the present Cr. Misc. Application stands disposed of
having become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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