Patna High Court

Sukhesh Kumar Tiwari and OrsversusState Of Bihar and Anr

Decided: 20 April 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The petition is dismissed as infructuous because the underlying case has already been disposed of.

Summary

The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 02.05.2017 that summoned them to trial under Sections 420 and 34 of the Indian Penal Code. The petition argued that the underlying complaint case (No. 215-C of 2014) had already been disposed of in a National Lok Adalat on 13.08.2022, rendering the petition infructuous. The State's Additional Public Prosecutor raised no objection to the petitioners' request. The Court examined the report confirming the prior disposal and accepted that the matter was no longer live. Consequently, the Court disposed of the petition as infructuous, effectively dismissing the application for quash.

Issues considered

Whether a petition under Section 482 Cr.P.C. for quashing a trial order is maintainable when the underlying case has already been disposed of in a National Lok Adalat.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 34, 420

Subjects

Criminal Procedure
Section 482
Quash Order
Lok Adalat
Infructuous
IPC 420
IPC 34
Trial Summons

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60359 of 2018
                  Arising Out of PS. Case No.-215 Year-2014 Thana- WEST CHAMPARAN COMPLAINT
                                                District- West Champaran
                 ======================================================
           1.     Sukhesh Kumar Tiwari, son of Rameshwar Nath resident of Village- Ahwar
                  Sheikh, P.S.- Majhaulia, District- West Champaran.
           2.    Rajmohammad Ansari @ Rajmahammad Ansari @ Rajmohammad Mian,
                 Son of Ishaque Ansari,
           3.    Kalamuddin Ansari @ Kalamudin, Son of Shahid Ansari.
           4.    Akhtar Devan, Son of Raiful Devan, O.P. Nos. 2 to 4 residents of Village-
                 Vishambharpur, P.S.- Bettiah Muffasil, District West Champaran.
           5.    Sheikh Lalbabu, Son of Sheikh Idu, resident of Village- Kunjlahi, P.S.-
                 Nautan, District- West Champaran.
           6.    Khushmohammad Ansari, Son of Alihassan Ansari.
           7.    Rahim Ansari @ Rahim Mian, Son of Alihassan Ansari.
           8.    Ali Hassan Ansari @ Ali Hassan Mian, Son of Late Jamdalli Ansari.
           9.    Fazle Haque Ansari @ Falile Haque Ansari, Son of Late Gulam Ansari @
                 Gulab Ansari.
           10. Serjul Ansari, Son of Late Ramtalli Ansari.
           11. Gafur Ansari, Son of Late Ramtalli Ansari. O.P. Nos. 6 to 11 residents of
               Village- Jamunia, P.S.- Jagdishpur, District- West Champaran.
           12. Ekbali Mahto, Son of Late Garib Mahto.
           13. Sitaram Mahto @ Sitaram Prasad, Son of Ekbali Mahto.
           14. Madan Prasad @ Madan Mohan Prasad, Son of Late Kishnath Sah (Prasad),
           15. Yakoob Ansari @ Sheikh Yakoob, Son of Sheikh Motab Ansari @ Sheikh
               Motab, O.P. Nos. 12 to 15 residents of Village- Shekhauna, P.S.- Jagdishpur,
               District- West Champaran.
                                                                          ... ... Petitioner/s
                                                 Versus
           1. State Of Bihar
           2.     Jagdeo Sharma, Son of Late Ramdatt Sharma, resident of Village Jamunia
                  Babu Tola, P.S.- Jagdishpur, District- West Champaran.
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Umesh Chandra Verma, Advocate
                                               Mr. Sharad Kumar Verma, Advocate
                                               Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :    Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   20-04-2026                    Heard learned counsel for the petitioners and learned
            Patna High Court CR. MISC. No.60359 of 2018(3) dt.20-04-2026
                                                        2/2




                      A.P.P. for the State.

                                   2. The present petition has been filed under Section

                      482 Cr.P.C. for quashing the order 02.05.2017 passed by the

                      learned Additional Chief Judicial Magistrate III, Bettiah, West

                      Champaran in Complaint Case No. 215-C of 2014 by which

                      petitioners were summoned to face trial under Sections 420/34

                      of the I.P.C.

                                   3. As per the report of the Court concerned dated

                      26.03.2026, Complaint Case No. 215-C of 2014 has already

                      been disposed of in National Lok Adalat dated 13.08.2022.

                                   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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