Patna High Court
Ashok MishraversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 CrPC is dismissed as it has become infructuous.
Summary
Ashok Mishra filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 28‑03‑2018 passed by the Additional District and Sessions Judge in Sessions Trial No.590 of 2017. The trial court had already disposed of the case and acquitted the accused, as reflected in a report dated 30‑03‑2026. The petitioner argued that the application had become infructuous and should be dismissed. The State of Bihar raised no objection to the petitioner's prayer. After considering the submissions and the trial court’s report, the Patna High Court held that the application could not be entertained and disposed of it as infructuous.
Issues considered
- Whether a criminal miscellaneous application under Section 482 CrPC can be entertained when the underlying trial has already been disposed and the accused acquitted
- Whether the application is infructuous and should be dismissed
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Application
- Acquittal
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60009 of 2018
Arising Out of PS. Case No.-48 Year-2017 Thana- SC/ST District- Gopalganj
======================================================
Ashok Mishra son of Late Bidhya Sagar Mishra resident of Village -
Baijalaha, P.S. - Gopalpur, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Verma, Advocate
For the Opposite Party/s : Mr. Sadanand Paswan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 07-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
28.03.2018 passed by learned Additional District and Sessions
Judge-I, Gopalganj in Sessions Trial No.590 of 2017 arising out
of Gopalganj SC/ST P.S. Case No.48 of 2017.
3. As per the report submitted by the learned Trial
Court vide letter No.656 of 2026 dated 30.03.2026, the Sessions
Trial No.590 of 2017 arising out of Gopalganj SC/ST P.S. Case
No.48 of 2017 has already been disposed of and the accused
persons have been acquitted.
4. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
Patna High Court CR. MISC. No.60009 of 2018(3) dt.07-07-2026
2/2
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. Considering the submissions of learned counsel for
the parties and the report submitted by the concerned Court, the
present Cr. Misc. Application stands disposed of having become
infructuous.
(Sunil Dutta Mishra, J)
Utkarsh.k/-
U T
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