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Patna High Court

Mithilesh Kumar SinghversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is disposed of as infructuous, and the order of attachment stands unchallenged.

Summary

The petitioner, Mithilesh Kumar Singh, filed a petition under Section 482 CrPC seeking to quash an order dated 04.01.2018 passed by the Judicial Magistrate‑I, Saran, which attached his property in connection with S.Tr. No. 373 of 2018 arising out of PS Case No. 38 of 2008. The petitioner argued that the matter had become infructuous and should be disposed of. The State of Bihar, represented by an A.P.P., raised no objection to the petitioner's request. The Hon’ble Justice Sunil Dutta Mishra considered the submissions and found no merit in continuing the proceedings. Consequently, the court held that the petition stands disposed of as it has become infructuous, effectively dismissing the application for quashing the attachment order.

Issues considered

  • Whether the petition for quashing the attachment order is infructuous and can be disposed of without further hearing

Subjects

  • quash petition
  • attachment of property
  • infructuous
  • Criminal Miscellaneous
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60003 of 2018
                       Arising Out of PS. Case No.-38 Year-2008 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Mithilesh Kumar Singh son of late Mundrika Prasad Singh resident of Village
                 Darihara, P.S. Dariyapur, District Saran at Chapra at presently residing at 36
                 Ezara Street, Kolkata - 700001.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Most. Rajmati Devi wife of late Parma Sah resident of Darihara, P.S.
                 Dariyapur, District Saran at Chapra.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-03-2026                     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 04.01.2018 passed by learned Judicial Magistrate-I, Saran

                   at Chapra in S.Tr. No. 373 of 2018, arising out of Dariyapur P.S.

                   Case No. 38 of 2008, wherein the Court concerned has passed

                   an order with respect of attachment of property of the petitioner.

                                3. Learned counsel for the petitioner submits that this

                   case may be disposed of 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.60003 of 2018(2) dt.17-03-2026
                                                        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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