Patna High Court
Shekh Bhikha and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as infructuous, and the order of the Sub‑Divisional Judicial Magistrate is effectively quashed.
Summary
The petitioners, a group of individuals from West Champaran, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 11-08-2017 passed by the Sub-Divisional Judicial Magistrate, which had taken cognizance of offences under Sections 323 and 506 of the Indian Penal Code against them. The petition argued that the matter had become infructuous because the same complaint had already been disposed of in a National Lok Adalat on 11-02-2023. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The Court examined whether a petition under Section 482 could be entertained when the underlying case had already been concluded in a Lok Adalat. Finding no merit in continuing the proceedings, the Court disposed of the petition as infructuous, effectively upholding the earlier disposal of the case.
Issues considered
- Whether a petition under Section 482 CrPC for quashing a criminal order is maintainable when the underlying case has already been disposed of in a National Lok Adalat and is therefore infructuous.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 323, 506
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Lok Adalat
- Infructuous
- IPC Sections 323
- IPC Section 506
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60376 of 2018
Arising Out of PS. Case No.-231 Year-2017 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
======================================================
1. Shekh Bhikha
2. Shekh Anzar Both sons of Late Shekh Qayamuddin Both resident of Village
- Bargajwa, P.S. - Ram Nagar, District West Champaran.
3. Fazlur Rahman Son of Late Abdul Qaiyum
4. Jamalul Lail son of Late Shekh Shafi
5. Motiur Rahman son of Late Shekh Abdul
6. Shekh Mono @ Shekh Maunu son of Shekh Jamalul Lail
7. Shekh Masiha @ Md. Masiha son of Late Shekh Shafi
8. Shekh Nayeem son of Late Shekh Nesar All residents of village - Pakari,
P.S. Ram Nagar, District - West Champaran.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Praduman Mishra son of Late Har Shankar Mishra Resident of Village -
Pakari Deoraj, P.S. Ramnagar, District - West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Anisur Rahman, Advocate
For the Opposite Party/s : Mr. Vinod Shankar Modi, 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 11.08.2017 passed by the
learned S.D.J.M., Bagaha, West Champaran in T.S. No. 5263
of 2017 (Complaint Case No. C231 of 2017) by which
cognizance was taken against the petitioners for the offences
Patna High Court CR. MISC. No.60376 of 2018(3) dt.16-06-2026
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punishable under Sections 323 and 506 of the I.P.C.
3. As per the report of the learned Court concerned,
vide Letter No. 33 dated 23.03.2026, Complaint Case No. 231
of 2017 (T. S. No. 5263 of 2017) has already been disposed of
in National Lok Adalat on 11.02.2023.
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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