Patna High Court
Ramotar Mandal @ Ramautar Mandal and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 147, 323, 341, 504
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
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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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