Patna High Court
Md. Aftab AnsariversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is dismissed as infructuous because the substantive case has already been disposed of.
Summary
The petitioner, Md. Aftab Ansari, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 25 July 2017 that had taken cognizance against him under Sections 363 and 366A of the Indian Penal Code. The order was passed by the Additional Chief Judicial Magistrate‑III, Banka, in PS Baunsi Case No. 63 of 2017 (G.R. No. 942 of 2017). The court’s report indicated that the underlying case had already been disposed of on 6 February 2019. The petitioner argued that the application had become infructuous and should be dismissed. The State raised no objection. The High Court, after considering the submissions and the report, held that the application was indeed infructuous and therefore disposed of.
Issues considered
- Whether a criminal miscellaneous application under Section 482 CrPC seeking to quash an earlier order can be entertained when the substantive case has already been disposed of?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 363, 366A
Subjects
- Section 482 CrPC
- quash order
- infructuous application
- case disposal
- IPC Sections 363, 366A
- criminal miscellaneous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57371 of 2018
Arising Out of PS. Case No.-63 Year-2017 Thana- BAUNSI District- Banka
======================================================
Md. Aftab Ansari son of Md. Sajjad Ansari, resident of Bena Mohanpur, P.S.
Baunsi, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Israfil Ansari, Son of Late Ibrahim Ansari, resident of Village- Bena,
Mohanpur, P.S.- Baunsi, District- Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 07-04-2026 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
25.07.2017 passed by Additional Chief Judicial Magistrate-III,
Banka in Baunsi P.S. Case No.63 of 2017, corresponding to
G.R. No. 942 of 2017, by which cognizance was taken against
the petitioner under Sections 363 and 366A of the I.P.C.
3. As per the report dated 12.03.2026, submitted by
the concerned Court, Bounsi P.S. Case No. 63 of 2017 (G.R.
Case No. 942 of 2017, i.e.. S.T. Case No. 427 of 2017) has
already been disposed of on 06.02.2019.
Patna High Court CR. MISC. No.57371 of 2018(3) dt.07-04-2026
2/2
4. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. Considering the submissions of learned counsel 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)
utkarsh/-
U T
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