Patna High Court
Deepak Kumar @ D. K. DasversusC. B. I., Through, Superintendent Of Police, Anti Corruption Branch, Patna, Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SUNIL DUTTA MISHRA
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
- Criminal Procedure Code — s. 239, 482
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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