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Patna High Court

Faruque AbdullahversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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