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Patna High Court

Md. Aftab AnsariversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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