Patna High Court
Pankaj Kumar and AnrversusThe State Of Bihar Through The S.h.o., Mithanpura, District - Muzaffarpur
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as infructuous and the case is disposed.
Summary
Petitioners Pankaj Kumar and Vijay Kumar filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 21.08.2018 that rejected their discharge petition. The order was passed by the SDJM, East Muzaffarpur in Trial No. 2787 of 2017. The trial court later reported that the case was disposed on 29.09.2022. Petitioners argued that the matter had become infructuous and should be disposed of. The State had no objection. The High Court, after considering the submissions and the trial court report, held that the petition was infructuous and disposed of it.
Issues considered
- Whether a petition under Section 482 Cr.P.C. seeking quash of an order can be dismissed on the ground that the underlying case has become infructuous
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Petition
- Infructuous
- Petition Disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61284 of 2018
Arising Out of PS. Case No.-108 Year-2017 Thana- MITHANPURA District- Muzaffarpur
======================================================
1. Pankaj Kumar, Son of Ravindra Singh, Resident of Village-Purshottampur,
P.S.-Maniyari, District-Muzaffarpur.
2. Vijay Kumar, Son of Shyam Chandra Singh, Resident of Village-Kanhauli,
P.S.-Mithanpura, District-Muzaffarpur
... ... Petitioner/s
Versus
The State Of Bihar Through The S.h.o., Mithanpura, District - Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate
For the Opposite Party/s : Mr. Sri Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 28-01-2026 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 dated 21.08.2018 passed by
the learned S.D.J.M., East Muzaffarpur in Trial No. 2787 of
2017, arising out of Mithanpura P.S. Case No. 108 of 2017
whereby and whereunder discharge petition filed on behalf of
petitioners was rejected.
3. As per the report submitted by the Court concerned
dated 21.08.2025, Trial No. 2787 of 2017, arising out of
Mithanpura P.S. Case No. 108 of 2017 has been disposed of on
29.09.2022.
Patna High Court CR. MISC. No.61284 of 2018(2) dt.28-01-2026
2/2
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 learned counsels
for the parties and report of the learned Trial Court, this case is
disposed of having become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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