Patna High Court
Kamlesh Singh and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
A criminal miscellaneous application under Section 482 Cr.P.C. is dismissed as infructuous when the substantive trial has already been concluded.
Summary
The petitioners Kamlesh Singh and Gita Devi filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 19‑04‑2018 that had taken cognizance of offences under Sections 376, 420 and 120(B) of the Indian Penal Code and summoned them to appear. The order was issued by the Additional Chief Judicial Magistrate, Bhojpur in Sessions Trial No. 700 of 2018 arising from Piro Police Station Case No. 210 of 2017. A report from the Principal District & Sessions Judge, Bhojpur, indicated that the said Sessions Trial had already been disposed of on 18‑08‑2023. The petitioners argued that, since the main trial was concluded, the pending application had become infructuous and should be dismissed. The State’s counsel raised no objection. The Court, after considering the submissions and the report, held that the application was indeed infructuous and disposed of it.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be dismissed as infructuous when the main trial to which it relates has already been disposed of.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120B, 376, 420
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Application
- Disposition
- Criminal Miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56396 of 2018
Arising Out of PS. Case No.-210 Year-2017 Thana- PIRO District- Bhojpur
======================================================
1. Kamlesh Singh S/o Ram Shakal Singh,
2. Gita Devi, Wife of Kamlesh Singh, Both are Resident of Village- Hat Pokhar
Jitaura, P.S.- Piro, District- Bhojpur.
... ... Petitioner/s
Versus
1. State of Bihar.
2. Daiyzee Singh @ Babita, D/o Sidh Nath Singh, Resident of Mithapur, Indira
Nagar, Road No. 3, P.S. - Jakkanpur, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Om Prakash Pandey, Advocate.
For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 31-01-2026 Heard learned counsel for the petitioners 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
19.04.2018 passed by Additional Chief Judicial Magistrate, I st,
Bhojpur in Sessions Trial No.700 of 2018 arising out of Piro
P.S. Case No.210 of 2017 by which cognizance was taken
against the petitioners and others under Sections 376, 420,
120(B) of the I.P.C. and issued the summons against the
petitioners to appear before the Court.
3. As per the report submitted by the learned Principal
District & Sessions Judge, Bhojpur at Ara vide letter No.4134 of
Patna High Court CR. MISC. No.56396 of 2018(3) dt.31-01-2026
2/2
2025 dated 30.08.2025, the Sessions Trial No.700 of 2018
arising out of Piro P.S. Case No.210 of 2017 has already been
disposed of on 18.08.2023.
4. Learned counsel for the petitioners submits that the
Sessions Trial No.700 of 2018 arising out of Piro P.S. Case
No.210 of 2017 has already been disposed of and this case has
become infructuous, accordingly, prays that the present case
may be disposed of.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
6. Considering the submissions of learned counsels
for the parties and the report submitted by the concerned Court,
the present Cr. Misc. Application stands disposed of having
become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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