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Patna High Court

Dargahi MianversusThe State Of Bihar

Decided
Disposal
DISPOSED

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

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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