Patna High Court
Ganesh RaiversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition under Section 482 CrPC is dismissed as infructuous because the petitioner has already been acquitted.
Summary
The petitioner, Ganesh Rai, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 02-08-2018 of the Sessions Judge which had rejected his earlier petition under Section 227 CrPC. The petition argued that the matter had become infructuous because the petitioner had already been acquitted on 31-07-2024 in the same case (S. Tr. No. 348 of 2017). The State of Bihar raised no objection to the petitioner's request for disposal. The High Court examined the report from the trial court confirming the acquittal and noted that the pending petition was rendered moot. Consequently, the Court disposed of the petition as infructuous, without further order.
Issues considered
- Whether a petition under Section 482 CrPC to quash an order is maintainable when the underlying criminal case has already resulted in an acquittal and become infructuous
Legislation cited
- Code of Criminal Procedure, 1973 — s. 227, 482
Subjects
- Criminal Procedure
- Section 482
- Section 227
- Quash Petition
- Infructuous
- Acquittal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59181 of 2018
Arising Out of PS. Case No.-192 Year-2016 Thana- MINAPUR District- Muzaffarpur
======================================================
Ganesh Rai S/o Late Rijhan Rai, R/o Vill.- Nandana, P.S.- Minapur, District-
Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sri Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 28-01-2026 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 02.08.2018 passed by
the learned Sessions Judge, Muzaffarpur in S. Tr. No. 348 of
2017, arising out of Minapur P.S. Case No. 192 of 2016 by
which petition dated 21.08.2017 filed by the petitioner under
Section 227 Cr.P.C. was rejected.
3. As per the report, vide letter no. 3638 dated
22.08.2025, submitted by the Court concerned, S.Tr. No. 348 of
2017, arising out of Minapur P.S. Case No. 192 of 2016 has
been disposed of and the petitioner has already been acquitted
on 31.07.2024.
4. Learned counsel for the petitioner submits that
petitioner has already been acquitted and this case has become
Patna High Court CR. MISC. No.59181 of 2018(2) dt.28-01-2026
2/2
infructuous, accordingly, prays for disposal of this case.
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 report of the learned Trial Court, this case is
disposed of having become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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