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Patna High Court

Deepak Kumar @ D. K. DasversusC. B. I., Through, Superintendent Of Police, Anti Corruption Branch, Patna, Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition was disposed of because the case had become infructuous, rendering the application for quash unnecessary.

Summary

The petitioner, Deepak Kumar, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 18 June 2018 passed by the Special Judge, CBI-I, Patna, which had dismissed his earlier petition for discharge under Section 239 Cr.P.C. The petitioner argued that the matter had become infructuous and should therefore be disposed of. The State, represented by the CBI, raised no objection to the petitioner's prayer. The High Court considered the submissions and noted that the case was indeed infructuous. Consequently, the Court disposed of the petition, effectively dismissing the application for quash. The order reflects the Court's view that no further judicial intervention was necessary as the underlying proceedings could no longer be pursued.

Issues considered

  • Whether a petition under Section 482 Cr.P.C. for quashing an order can be entertained when the case has become infructuous

Legislation cited

Subjects

  • Section 482 CrPC
  • quash order
  • infructuous case
  • CBI investigation
  • petition under criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61381 of 2018
                        Arising Out of PS. Case No.-14 Year-2006 Thana- C.B.I CASE District- Patna
                 ======================================================
                 Deepak Kumar @ D. K. Das S/o Late Janardan Lal Karna, R/o- Singhia, PS-
                 Singhia, District- Samastipur, at present Ram Krishna Nagar, Palson Road,
                 Digha, PS- Digha, District- Patna.

                                                                            ... ... Petitioner/s
                                                   Versus
                 C. B. I., Through, Superintendent Of Police, Anti Corruption Branch, Patna,
                 Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar, SC,CBI
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

6   06-07-2026                  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 18.06.2018 passed by the

                   learned Court of Special Judge, CBI-I, Patna in R.C. Case No.

                   14(s) of 2006 by which the petition for discharge filed under

                   Section 239 Cr.P.C. was dismissed.

                                3. Learned counsel for the petitioner submits that this

                   case has become infructuous, accordingly, the same may be

                   disposed of.

                                4. Learned A.P.P. for the State has no objection to this

                   prayer of the petitioner.

                                5. Considering the submissions of the learned counsel
              Patna High Court CR. MISC. No.61381 of 2018(6) dt.06-07-2026
                                                          2/2




                        for the parties, the present case is disposed of having become

                        infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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