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Patna High Court

Ajit Kumar SinghversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application under Section 482 is dismissed as infructuous because the underlying complaint case has already been disposed of.

Summary

The petitioner, Ajit Kumar Singh, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash a Fast Track Court order that had taken cognizance against him under Section 138 of the Negotiable Instruments Act. The order was originally set aside by a revisional court, but the underlying complaint case (No.1018 of 2015) had already been disposed of on 27 September 2019, as per a report from the Principal District & Sessions Judge. The petitioner argued that, because the main case was concluded, the miscellaneous application had become infructuous and should be dismissed. The State and the second opposite party raised no objection to this submission. The High Court, after considering the counsel’s arguments and the report, held that the application was indeed infructuous and disposed of it accordingly.

Issues considered

  • Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be entertained when the substantive criminal proceeding has already been disposed of.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Section 138
  • Negotiable Instruments Act
  • Infructuous application
  • Revisional jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62531 of 2018
                 Arising Out of PS. Case No.-1018 Year-2015 Thana- BUXAR COMPLAINT CASE District-
                                                          Buxar
                 ======================================================
                 Ajit Kumar Singh Sonof Ram Dayal Singh, Resident of Village- Mahdah,
                 P.S.-Buxar Muffasil, District-Buxar.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    State of Bihar.
           2.    Abhishek Kumar Singh @ Santosh Kumar Singh, Son of Bindeshwari
                 Singh, Resident of Village- Newan, P.S.-Krishna Barham, Distirct-Buxar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Lakshmi Kant Sharma, Advocate.
                                                Mr. Rahul Singh, Advocate.
                 For the State          :       Mr. Uma Shankar Prasad Singh, A.P.P.
                 For the O.P. No.2      :       Mr. S.N.P. Singh, Sr. Advocate.
                                                Mr. S. P. Singh, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   31-01-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned Senior Counsel for the O.P. No.2.

                                 2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   18.06.2018 passed by learned Fast Track Court-II, Buxar in Cr.

                   Rev. No.10 of 2018 arising out of Complaint Case No.1018 of

                   2015 by which the Revisional Court has set-aside the order

                   dated 31.10.2017 whereby cognizance was taken against the

                   petitioner under Section 138 of N.I. Act.

                                 3. As per the report submitted by the learned Principal

                   District & Sessions Judge, Buxar vide letter No.645 of 2025
              Patna High Court CR. MISC. No.62531 of 2018(3) dt.31-01-2026
                                                          2/2




                        dated 10.09.2025, the Complaint Case No.1018 of 2015 has

                        already been disposed of on 27.09.2019.

                                      4. Learned counsel for the petitioners submits that the

                        Complaint Case No.1018 of 2015 has already been disposed of

                        and this case has become infructuous, accordingly, prays that the

                        present case may be disposed of.

                                      5. Learned A.P.P. for the State and learned Senior

                        Counsel for the O.P. No.2 have no objection to this prayer of the

                        petitioner.

                                      6. Considering the submissions of learned counsels

                        for the parties and the report submitted by the concerned Court,

                        the present Cr. Misc. Application stands disposed of having

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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