Patna High Court

MD. NAUSHAD @ NASIAversusThe Union Of India Through The Assistant Director, Directorate Of Enforcement, Patna

Decided: 1 May 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The application is disposed as infructuous because the petitioner is deceased.

Summary

The petitioner, Md. Naushad, filed a criminal miscellaneous application against the Union of India represented by the Directorate of Enforcement. During the hearing, the Directorate informed the court that the petitioner had died, rendering the petition infructuous. The petitioner’s counsel did not contest this submission. The court considered whether the death of the petitioner affected the continuance of the application. Concluding that the petition could no longer be pursued, the court disposed of the application as infructuous. No substantive merits of the original dispute were examined.

Issues considered

Whether the criminal miscellaneous application can continue after the death of the petitioner

Subjects

criminal procedure
infructuous petition
death of petitioner
application disposal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.57733 of 2018
                     Arising Out of PS. Case No.-2 Year-2016 Thana- GOVERNMENT OFFICIAL COMP.
                                                        District- Patna
                  ======================================================
                  MD. NAUSHAD @ NASIA Son of Late Md. Tausheed, Resident of Mohalla-
                  Mirzapur Bardah, Police Station- Muffasil and District- Munger.
                                                                                ... ... Petitioner/s
                                                    Versus
                  The Union of India Through The Assistant Director, Directorate Of
                  Enforcement, Patna.
                                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Arihant Singh, Advocate.
                  For the Opposite Party/s :       Mrs. Prakrita Sharma, Advocate.
                                                   Mr. Abhinav, Advocate.
                                                   Ms. Aashi, LC(ED)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

4    01-05-2026                  Learned counsel for the Directorate of Enforcement

                    on the basis of information received from the department

                    submits that the petitioner had already died and now this

                    petition has become infructuous.

                                 2. Learned counsel for the petitioner has not disputed

                    the submission advanced by the learned counsel for the

                    Directorate of Enforcement.

                                 3. In view of submissions of learned counsels for the

                    parties, the present Cr. Misc. Application stands disposed of as it

                    has become infructuous.



                                               (Sunil Dutta Mishra, J)
Ritik/-
U       T

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