Patna High Court
Vikash Kumar MishraversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was disposed of as infructuous, and no order was quashed.
Summary
The petitioner, Vikash Kumar Mishra, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 05‑08‑2017 of the District & Sessions Judge, Darbhanga, which had dismissed a revision petition and refused to interfere with a cognizance order dated 13‑02‑2017. The underlying police case (LNMU P.S. Case No. 147 of 2016) had already been disposed of on 05‑02‑2022, as per a report dated 26‑03‑2026. The petitioner argued that, because the criminal case was already concluded, the petition had become infructuous and should be disposed of. The State’s Additional Public Prosecutor raised no objection to this submission. The High Court, after hearing both sides, agreed that the petition was infructuous and ordered its disposal. No substantive merits of the original order were examined.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing a lower court order is maintainable when the underlying criminal case has already been disposed of.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Petition
- Revision Petition
- Case Disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60314 of 2018
Arising Out of PS. Case No.-147 Year-2016 Thana- LALIT NARAYAN UNIVERSITY
District- Darbhanga
======================================================
Vikash Kumar Mishra Son of Jitendra Mishra, resident of Village- Lagma,
P.S. Ghanshyampur, District- Darbhanga.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Razy Mishra, Daughter of Santosh Kumar Mishra, resident of Mohalla-
Belladullah, P.S. Lalit Narayan Mishra University, Darbhanga, District-
Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ansul, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner 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 05.08.2017 passed by the
learned District & Sessions Judge, Darbhanga in Cr. Revision
No. 186 of 2017 by which revision petition was dismissed and
refused to interfere with the order taking cognizance dated
13.02.2017 passed by the learned C.J.M., Darbhanga in
connection with LNMU P.S. Case No. 147 of 2016
3. As per report of the Court concerned dated
26.03.2026, LNMU P.S. Case No. 147 of 2016 has been
disposed of on 05.02.2022.
Patna High Court CR. MISC. No.60314 of 2018(3) dt.20-04-2026
2/2
4. Learned counsel for the petitioner 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 petitioner.
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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