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Patna High Court

Vikash Kumar MishraversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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