Patna High Court
Dargahi MianversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was held to be infructuous and was disposed of.
Summary
The petitioner, Dargazi Mian, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 06-08-2018 that had rejected his earlier petition under Section 228(i)(a) CrPC. The High Court noted that the underlying Sessions trial (No. 561 of 2017) had already been concluded, with the sole accused acquitted, rendering the matter no longer pending. The petitioner argued that the case had become infructuous and should be disposed of. The State had no objection to this submission. Considering that the trial was completed and the accused acquitted, the Court held that the petition was infructuous and ordered its disposal. The order effectively dismissed the petition without further hearing.
Issues considered
- Whether a petition under Section 482 CrPC seeking to quash an order is maintainable when the underlying criminal case has already been disposed of and the accused acquitted
Legislation cited
- Code of Criminal Procedure, 1973 — s. 228(i)(a), 482
Subjects
- Criminal Procedure
- Section 482
- Section 228
- Quash Petition
- Infructuous
- Acquittal
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59048 of 2018
Arising Out of PS. Case No.-52 Year-2017 Thana- NAUTAN District- West Champaran
======================================================
Dargahi Mian S/o Sagir Mian, R/o Vill.- Khap Tola, Dewan Toli, P.S.-
Nautan, District- West Champaran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva, Advocate
For the Opposite Party/s : Mr. Ramchandra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 09-04-2026 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 dated 06.08.2018 passed by
the learned Additional District & Sessions Judge, F.T.C. IInd,
Bettiah, West Champaran in Sessions Trial No. 561 of 2017,
arising out of Nautan P.S. Case No. 52 of 2017 by which
petition of the petitioner filed under Section 228(i)(a) Cr.P.C.
was rejected.
3. From the report dated 13.03.2026 received from the
Trial Court, it appears that Sessions Trial No. 561 of 2017,
arising out of Nautan P.S. Case No. 52 of 2017 has already been
disposed of and the sole accused, namely, Dargahi Mian has
been acquitted. Thus, the case is not pending for trial.
Patna High Court CR. MISC. No.59048 of 2018(3) dt.09-04-2026
2/2
4. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same 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 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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