Patna High Court
Satish BhartiversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is dismissed as infructuous because the original criminal case has already been disposed of.
Summary
The petitioner filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash a 25 July 2018 order of the Sub‑Divisional Judicial Magistrate‑XII, Mahua, which had rejected his petition to be discharged under several IPC offences. The petitioner argued that the original case (Mahua PS Case No. 48 of 2013) had already been disposed of on 26 February 2021, rendering the pending application infructuous. The State, through its Additional Public Prosecutor, raised no objection to the petitioner's request. Relying on the report of the Principal District & Sessions Judge confirming the disposal of the original case, the High Court held that the application could no longer be entertained. Consequently, the Court disposed of the criminal miscellaneous application as infructuous.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be entertained when the substantive criminal case to which it relates has already been disposed of.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120B, 34, 406, 409, 420, 467, 468, 471
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Application
- Case Disposal
- Criminal Miscellaneous Application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63687 of 2018
Arising Out of PS. Case No.-48 Year-2013 Thana- MAHUA District- Vaishali
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Satish Bharti S/o Late Yogendra Singh, resident of Village- Adalpur, P.S.
Jandaha, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Chandrasen Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
25.07.2018 passed by learned Sub Divisional Judicial
Magistrate-XII, Vaishali in Mahua P.S. Case No.48 of 2013 by
which learned Court concerned had rejected the petition filed by
the petitioner to discharge him under Sections 406, 409, 420,
467, 468, 471, 120B/34 of I.P.C. by fixing date on 30.07.2018
for framing of charge.
3. As per the report submitted by the learned Principal
District & Sessions Judge, Vaishali at Hajipur vide letter No.784
dated 09.10.2025, the Mahua P.S. Case No.48 of 2013 has
already been disposed of on 26.02.2021.
Patna High Court CR. MISC. No.63687 of 2018(2) dt.31-01-2026
2/2
4. Learned counsel for the petitioner submits that the
Mahua P.S. Case No.48 of 2013 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 has 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/-
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