Patna High Court
Ajit Kumar SinghversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Code of Criminal Procedure, 1973 — s. 482
- Negotiable Instruments Act — s. 138
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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