Patna High Court
Faruque AbdullahversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of as infructuous due to the death of the petitioner and abatement of proceedings.
Summary
The petitioner, Faruque Abdullah, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 24 January 2018 passed by the Chief Judicial Magistrate, Siwan. The petition was filed after the petitioner’s death, and the court was informed that the proceedings against him had been abated. The petitioner’s counsel argued that the case had become infructuous and should be disposed of. The State’s Additional Public Prosecutor raised no objection to the petitioner's request. Considering the death of the petitioner and the lack of any objection, the High Court disposed of the petition as infructuous.
Issues considered
- What is the appropriate disposition of a petition under Section 482 Cr.P.C. when the petitioner has died and the proceedings are abated?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- quash order
- infructuous petition
- death of petitioner
- criminal procedure
- High Court disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61313 of 2018
Arising Out of PS. Case No.-48 Year-2018 Thana- AANDAR District- Siwan
======================================================
Faruque Abdullah Son of Mohammad Abdullah @ Abdullah, Resident of
Village- Lar, P.S. Lar, District- Deoria, Uttar Pradesh.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Asgari Khatoon, Wife of Farookh Abdulla, Daughter of Haider Ali, Resident
of Village- Lar, P.S. Lar, District- Deoria, Uttar Pradesh at present resident
of Sultanpur Takiya, P.S.- Andar, District- Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Madhuri Lata, Advocate
Mr. Sateyendra Prasad Singh, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, 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 dated 24.01.2018 passed by
the learned Chief Judicial Magistrate, Siwan in Complaint Case
No. 18 of 2018, Andar P.S. Case No. 48 of 2018.
3. As per report of the Court concerned dated
26.03.2026, proceedings against the sole petitioner has been
abated as he has already died.
4. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same may be
disposed of.
Patna High Court CR. MISC. No.61313 of 2018(3) dt.20-04-2026
2/2
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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