Patna High Court
Md. Islam and AnrversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was dismissed as infructuous, and no further order was made.
Summary
The petitioners, Md. Islam and his wife Khushnama Khatoon, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 20-08-2018 that had rejected their earlier application under Section 227 CrPC. The order was passed by the 1st Additional Sessions Judge, Bettiah, in connection with Shikarpur Police Station Case No. 126 of 2012. The petitioners argued that the underlying case had already been disposed of on 27-02-2024, rendering the petition infructuous. The State of Bihar raised no objection to this contention. The Patna High Court, after hearing counsel, held that since the original case was concluded, the petition was indeed infructuous and therefore disposed of without further hearing.
Issues considered
- Whether the petition under Section 482 CrPC is maintainable when the underlying case has already been disposed of
- Whether the order rejecting the Section 227 application can be quashed on the ground of infructuity
Legislation cited
- Criminal Procedure Code — s. 227, 482
Subjects
- Criminal Procedure
- Section 482
- Section 227
- Infructuous petition
- Quash order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63340 of 2018
Arising Out of PS. Case No.-126 Year-2012 Thana- SIKARPUR District- West Champaran
======================================================
1. Md. Islam son of Late Abdul Hai.
2. Khushnama Khatoon, wife of Md. Islam, Both Resident of Village-
Dumnagar Madarsa Tola, P.S. Shikarpur, District- West Champaran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Anisur Rahman, Advocate
For the Opposite Party/s : Mr. Sadanand Paswan, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 22-06-2026 Heard learned counsel for the petitioners 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 20.08.2018 passed by
the learned 1st Additional Sessions Judge, Bettiah, West
Champaran in Tr. No. 205 of 2017/ 149 of 2017, arising out of
Shikarpur P.S. Case No. 126 of 2012 by which the petition filed
by the petitioners under Section 227 Cr.P.C. was rejected.
3. As per the report of the learned Court concerned,
vide Letter No. 337 dated 16.05.2026, Tr. No. 205 of 2017 (CIS
149/2017), arising out of Shikarpur P.S. Case No. 126 of 2012
has already been disposed of on 27.02.2024.
4. Learned counsel for the petitioners submits that this
Patna High Court CR. MISC. No.63340 of 2018(3) dt.22-06-2026
2/2
case has become infructuous, accordingly, the same may be
disposed of.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.