Created by Fuzzy Cloud

Patna High Court

SANJAY KUMAR THAKUR @ SANJAY THAKURversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application is dismissed as infructuous because the petitioner has already been acquitted.

Summary

The petitioner, Sanjay Kumar Thakur, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash a 2016 order of a Judicial Magistrate that had taken cognizance of a complaint under Section 498A of the Indian Penal Code. The petitioner argued that he had already been acquitted by the Sessions Court on 27 August 2024, rendering the earlier order moot. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The High Court examined the report from the Principal District & Sessions Judge confirming the acquittal and the consequent lack of any pending proceedings. Accordingly, the Court held that the application had become infructuous and disposed of it without further hearing.

Issues considered

  • Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be dismissed as infructuous after the petitioner’s acquittal in the underlying case

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Section 498A
  • Acquittal
  • Infructuous proceedings
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57494 of 2018
                     Arising Out of PS. Case No.-1860 Year-2015 Thana- VAISALI COMPLAINT CASE
                                                     District- Vaishali
                 ======================================================
                 Sanjay Kumar Thakur @ Sanjay Thakur Son of Sri Nawal Prasad Thakur,
                 Resident of 218/7, Rishra Rail Park, P.S.- Rishra, District- Hoogli, State West
                 Bengal.

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    State of Bihar.
           2.    Rubi Kumari @ Jyoti Thakur, Daughter of Ram Naresh Thakur, former wife
                 of Sanjay Kumar Thakur @ Sanjay Thakur, Resident of Ashok Nagar, Road
                 No.8, P.O.- Lohianagar, P.S.- Kankarbagh, District- Patna. Permanent
                 resident of Village- Ramaili, P.S.- Patepur, District- Vaishali, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Kunwar Narayan Jamuar, Advocate.
                 For the Opposite Party/s :     Smt. Anita Kumari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   31-01-2026                  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

                   23.01.2016 passed by learned Judicial Magistrate, Hajipur,

                   Vaishali in Sessions Trial No.983 of 2015 arising out of

                   Complaint Case No.1860 of 2015 by which cognizance was

                   taken against the petitioner under Section 498(A) of the I.P.C.

                                3. As per the report submitted by the learned Principal

                   District & Sessions Judge, Bhojpur at Ara vide letter No.784

                   dated 09/10.10.2025, the Sessions Trial No.983 of 2015 arising
              Patna High Court CR. MISC. No.57494 of 2018(2) dt.31-01-2026
                                                          2/2




                        out of Complaint Case No.1860 of 2015 has already been

                        disposed of as the petitioner has already been acquitted vide

                        judgment dated 27.08.2024.

                                     4. Learned counsel for the petitioner submits that the

                        petitioner has already been acquitted 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 petitioner.

                                     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/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.