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Patna High Court

Sanjay Kumar Singh @ Sanjay Singh and AnrversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The application under Section 482 is dismissed as infructuous because the original case has already been disposed of.

Summary

The petitioners, Sanjay Kumar Singh and Shobhan Choudhary, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 16 September 2017 that had taken cognizance against them under Section 7 of the Explosive Substances Act. The order was issued by the Sub-Divisional Judicial Magistrate, Siwan, in Daraunda P.S. Case No.127 of 2016 (G.R. No.3298 of 2016). The petitioners argued that the original case had already been disposed of on 20 June 2025, rendering the present application infructuous. The State of Bihar raised no objection to the petitioners’ request for disposal. The Court, after considering the submissions and the report from the lower court, held that the application was indeed infructuous and therefore disposed of it. Consequently, the order under Section 482 was dismissed without further hearing.

Issues considered

  • Whether a criminal miscellaneous application under Section 482 CrPC can be entertained when the original case has already been disposed of.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous Application
  • Explosive Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60983 of 2018
                      Arising Out of PS. Case No.-127 Year-2016 Thana- DARAUNDA District- Siwan
                 ======================================================
           1.     Sanjay Kumar Singh @ Sanjay Singh and Anr Son of Jagarnath Singh, R/o
                  Village- Jalalpur, P.S.- Daraunda, District- Siwan.
           2.    Shobhan Choudhary @ Shobhan, S/o Eashwar Yadav, R/o Village- Athdila,
                 P.O.- Chainwa, P.S.- Rashulpur, District- Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar, Advocate.
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   30-03-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   16.09.2017 passed by learned S.D.J.M., Siwan in connection

                   with Daraunda P.S. Case No.127 of 2016 (G.R. No.3298 of

                   2016) by which cognizance was taken against the petitioners

                   under Section 7 of the E.C. Act.

                                3. As per the report received from the Court

                   concerned, it appears that the Daraunda P.S. Case No.127 of

                   2016 (G.R. No.3298 of 2016) has already been disposed of on

                   20.06.2025.
              Patna High Court CR. MISC. No.60983 of 2018(3) dt.30-03-2026
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                                     4. Learned counsel for the petitioners submits that the

                        Daraunda P.S. Case No.127 of 2016 (G.R. No.3298 of 2016) has

                        already been disposed of and this case has become infructuous,

                        accordingly, prays that the present case 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 learned counsels

                        for the parties and the report submitted by the concerned Court,

                        the present Cr. Misc. Application stands disposed of having

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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