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Patna High Court

Shakil Ahmad @ Shakil Mian and OrsversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as the matter has become infructuous following the disposal of the original trial.

Summary

The petitioners, Shakil Ahmad and others, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 17 March 2018 that had taken cognizance of offences under Sections 147, 148, 149, 323, 325, 504 of the IPC and Section 3(i)(w) of the SC/ST Act. The petition argued that the underlying trial (Trial No. 86 of 2018, G.R. No. 509 of 2017) had already been disposed of on 3 July 2019, rendering the present proceeding infructuous. The State, represented by an Additional Public Prosecutor, raised no objection to the prayer. The High Court, after hearing both sides, agreed that the matter was moot and ordered the petition to be disposed of as infructuous. Consequently, the order under Section 482 was set aside and the petition dismissed.

Issues considered

  • Whether the petition under Section 482 CrPC for quashing the order is maintainable when the original trial has already been disposed of.
  • Whether the proceeding has become infructuous and should be dismissed.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Infructuous proceeding
  • Quash order
  • SC/ST Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60272 of 2018
                 Arising Out of PS. Case No.-256 Year-2017 Thana- RAMNAGAR District- West Champaran
                 ======================================================
           1.     Shakil Ahmad @ Shakil Mian son of Late Sanaullah Mian @ Sanaullah
                  Ansari.
           2.    Nabi Rasool @ Nabi Rasool Mian, son of Habib Mian.
           3.    Shakir Mian son of Rasool Mian. All residents of Village- Dain Marwa, P.S.
                 Ram Nagar, District- West Champaran.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Anisur Rahman, Advocate
                 For the Opposite Party/s :      Mr. Shantanu 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 17.03.2018 passed by

                   the learned Additional District & Sessions Judge-I, Bettiah,

                   West Champaran in Tr. No. 86 of 2018 (G.R. No. 509 of 2017),

                   arising out of Ram Nagar P.S. Case No. 256 of 2017 by which

                   cognizance was taken against the petitioners for the offences

                   punishable under Sections 147, 148, 149, 323, 325, 504 of the

                   I.P.C. and Section 3(i)(w) of the SC/ST Act.

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

                   vide Letter No. 205 dated 25.03.2026, Trial No. 86 of 2018 (CIS
              Patna High Court CR. MISC. No.60272 of 2018(3) dt.16-06-2026
                                                          2/2




                        No. 509 of 2017) arising out of Ramnagar P.S. Case No. 256 of

                        2017 has already been disposed of on 03.07.2019.

                                     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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