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Patna High Court

Hazi Hannan @ MazharversusState Of Bihar and Anr

Decided
Disposal
WITHDRAWN

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

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/-

U         T


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