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Patna High Court

Abulaish Mian and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The court held that the petition is infructuous and therefore disposed of it.

Summary

The petitioners – Abulaish Mian and his family members – filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 09‑05‑2018 passed by the Sub‑Divisional Judicial Magistrate, Raxaul, which had taken cognizance of offences under several sections of the Indian Penal Code. The petition argued that the criminal proceedings had become infructuous and therefore should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners’ request. The Hon’ble Justice Sunil Dutta Mishra considered the submissions and found that the case was indeed infructuous. Consequently, the court disposed of the petition without ordering any quash of the earlier order. The disposition effectively ends the proceedings as there is no longer any live controversy.

Issues considered

  • Whether a petition under Section 482 Cr.P.C. for quashing a criminal order is maintainable when the case has become infructuous

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Petition
  • Infructuous Case
  • Indian Penal Code
  • High Court Disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60236 of 2018
                   Arising Out of PS. Case No.-248 Year-2017 Thana- RAXAUL District- East Champaran
                 ======================================================
           1.     Abulaish Mian, S/o Majhar Alam,
           2.    Najama @ Najla Khatoon, W/o Abulaish Mian,
           3.    Farman Alam,
           4.    Arman Alam Both are Sons of Abulaish Mian, 1 to 4 are R/o Vill.- Bara
                 Pareuva, Ward No. 16, P.S.- Raxaul, District- East Chamaparan.
           5.    Mustafa Khatoon @ Sabra Bano, W/o Idrish Mian,
           6.    Idrish Mian S/o Late Yunush Mian,
           7.    Bhulan @ Ebtada Ahmad S/o Idrish Mian, 5 to 7 are R/o Bela Murle, P.S.-
                 Ram Garwa, District- East Champaran, at present R/o Bara Pareuva, Ward
                 No. 16, P.S.- Raxual, District- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    State Of Bihar
           2.    Nazir Mian S/o Late Jahir Mian, R/o Vill.- Bara Pareuva, Ward No. 16, P.S.-
                 Raxaul, Disrict- East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Devi Das Srivastava, Advocate
                 For the Opposite Party/s :       Mr. Sri Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   16-03-2026                    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 09.05.2018 passed by

                   the learned Sub-Divisional Judicial Magistrate, Raxaul at

                   Motihari in Raxaul P.S. Case No. 248 of 2017, Trial No. 2590 of

                   2018 by which cognizance was taken against the petitioners for

                   the offences under Sections 323, 327, 341, 379, 384, 496, 420,
              Patna High Court CR. MISC. No.60236 of 2018(2) dt.16-03-2026
                                                          2/2




                        427, 504/34 of the I.P.C.

                                     3. Learned counsel for the petitioners submits that this

                        case has become infructuous, accordingly, the same may be

                        disposed of.

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

                        prayer of the petitioners.

                                     5. Considering the submissions of the learned

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

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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