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Patna High Court

Ramotar Mandal @ Ramautar Mandal and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is disposed of as the underlying case was already disposed, rendering the proceedings infructuous.

Summary

The petitioners, members of the Mandal family, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 04-07-2018 of the Additional Chief Judicial Magistrate, which had taken cognizance of offences under Sections 147, 341, 323 and 504 of the IPC. The petition argued that the underlying complaint case (No. 460(C) of 2017) had already been disposed of on 05-03-2022, rendering the proceedings infructuous. The State, represented by an A.P.P., raised no objection to the petitioners' request. The Court examined the report confirming the earlier disposal and accepted that the matter was no longer live. Consequently, the Court disposed of the petition, holding that the order could be set aside as the case had become infructuous.

Issues considered

  • Whether a petition under Section 482 Cr.P.C. to quash a magistrate's order is maintainable when the underlying case has already been disposed of and become infructuous?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482 CrPC
  • Infructuous proceedings
  • Quash order
  • Complaint case disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59475 of 2018
                  Arising Out of PS. Case No.-460 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE
                                                   District- Samastipur
                 ======================================================
           1.     Ramotar Mandal @ Ramautar Mandal son of Late Laxmi Mandal.
           2.    Kailash Mandal, Son of Ramotar Mandal.
           3.    Kavita Kumari, D/o Ramotar Mandal. null
           4.    Savita Kumari, D/o Ramotar Mandal.
           5.    Rubi Debi, Wife of Kailash Mandal, All are resident of Village- Akhatwara,
                 Police Station- Hathauri, District- Samastipur.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    State Of Bihar
           2.    Seema Devi, W/o Subhash Mandal, Resident of Village Akhatwara, P.S.
                 Hathauri, District- Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Pramod Ban Bihari Singh, Advocate
                 For the Opposite Party/s :    Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   16-06-2026                    Heard learned counsel for the petitioners 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 04.07.2018 passed by

                   the learned Additional Chief Judicial Magistrate II, Rosera,

                   Samastipur in Complaint Case No. 460(C) of 2017 by which

                   cognizance was taken against the petitioners for the offences

                   punishable under Sections 147, 341, 323, 504 of the I.P.C.

                                3. As per the report of the learned Court concerned,

                   vide Letter No. 164 dated 24.03.2026, CR (P)-460 of 2017 has
              Patna High Court CR. MISC. No.59475 of 2018(3) dt.16-06-2026
                                                          2/2




                        already been disposed of on 05.03.2022.

                                     4. Learned counsel for the petitioners 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 petitioners.

                                     6. Considering the submissions of the learned counsel

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

                        infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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