Patna High Court

Amit Choudhary @ Amit KumarversusThe State Of Bihar

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

Holding

The petition is dismissed as the matter has become infructuous.

Summary

The petitioner, Amit Choudhary, filed a petition under Section 227 of the Criminal Procedure Code seeking to quash an order dated 20 June 2018 passed by the Additional Sessions Judge, which had dismissed his earlier petition. The petitioner argued that the matter had become infructuous and should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The High Court examined whether a petition for quashing could be entertained when the subject matter was no longer live. Relying on the submissions of both parties, the Court held that the petition was indeed infructuous. Consequently, the Court disposed of the petition, effectively dismissing it as moot.

Issues considered

Whether a petition under Section 227 Cr.P.C. for quashing an order can be entertained when the matter has become infructuous
Whether the Court may dismiss the petition on the ground of infructuosity

Legislation cited

Code of Criminal Procedure, 1973 — s. 227

Subjects

quash order
infructuous
Section 227
Criminal Procedure Code
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59228 of 2018
                    Arising Out of PS. Case No.-178 Year-2014 Thana- MAJORGANJ District- Sitamarhi
                 ======================================================
                 Amit Choudhary @ Amit Kumar Son f Late Ram Sevak Choudhary, Resident
                 of Village P.S.- Mejorganj, District- Sitamarhi.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shiva Shankar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar Singh 1, 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. This petition has been filed for quashing the order

                   dated 20.06.2018 passed by learned Additional Sessions Judge-

                   II, Sitamarhi in S.Tr. No. 230 of 2016, arising out of Majorganj

                   P.S. Case No. 178 of 2014, whereby and whereunder the Court

                   concerned has dismissed the petition filed by the petitioner u/s

                   227 of Cr.P.C.

                                3. Learned counsel for the petitioner submits that this

                   case may be disposed as it has become infructuous.

                                4. Learned A.P.P. for the State has no objection to this

                   prayer of the petitioner.

                                5. In view of the submissions of learned counsels for
            Patna High Court CR. MISC. No.59228 of 2018(2) dt.27-02-2026
                                                        2/2




                      the parties, this case stands disposed of as it has become

                      infructuous.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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