Patna High Court

Isteyaq Khan @ Md. Isteyaq KhanversusState Of Bihar and Anr

Decided: 27 February 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The petition under Section 482 Cr.P.C. is dismissed as the proceeding has become infructuous.

Summary

The petitioner, Isteyaq Khan, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 12 July 2018 of the Additional Sessions Judge which rejected his discharge petition under Section 227. The petitioner argued that the criminal proceeding had become infructuous and therefore the petition should be disposed of. The State of Bihar raised no objection to the petitioner's prayer. The High Court, after hearing both sides, held that since the case was indeed infructuous, there was no ground to entertain the quash petition. Consequently, the petition was disposed of as infructuous.

Issues considered

What is the appropriate remedy when a discharge petition is rejected and the case becomes infructuous?
Whether a petition under Section 482 Cr.P.C. can be entertained when the underlying criminal proceeding is infructuous.

Subjects

Criminal Procedure Code
Section 482
Section 227
quash petition
infructuous proceeding
discharge petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58551 of 2018
                  Arising Out of PS. Case No.-103 Year-2016 Thana- DAUDNAGAR District- Aurangabad
                 ======================================================
                 Isteyaq Khan @ Md. Isteyaq Khan S/o Imteyaz Khan, R/o Vill.- Mobha, P.S.-
                 Arwal, District- Arwal.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    State Of Bihar
           2.    Jeenat Aman D/o Sabbir Khan, R/o Vill.- Chouri, P.S.- Daudnagar, District-
                 Aurangabad.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Bhaskar Shankar, Advocate
                 For the Opposite Party/s :     Mr. Sri Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   27-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present petition has been filed under Section

                   482 Cr.P.C. for quashing the order 12.07.2018 passed by the

                   learned Addl. Sessions Judge-VII, Aurangabad in S. Tr. No. 557

                   of 2017/516 of 2017, arising out of Daudnagar P.S. Case No.

                   103 of 2016 by which discharge petition of the petitioner filed

                   under Section 227 Cr.P.C. was rejected.

                                3. Learned counsel for the petitioner submits that this

                   case has become infructuous, accordingly, the same may be

                   disposed of.

                                4. Learned A.P.P. for the State has no objection to this
              Patna High Court CR. MISC. No.58551 of 2018(2) dt.27-02-2026
                                                          2/2




                        prayer of the petitioner.

                                     5. Considering the submissions of the learned

                        counsels for the parties, the present case is disposed of having

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T

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