Created by Fuzzy Cloud

Patna High Court

Manoj Singh @ Manoj Kumar SinghversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application was dismissed as infructuous because the trial had already been concluded with an acquittal.

Summary

The petitioner, Manoj Singh, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 04-09-2018 passed by the Additional Sessions Judge in a trial that had already concluded. The trial (Sessions Trial No.322 of 2014) was reported as disposed on 18-04-2026 with the accused acquitted. The petitioner argued that the application had become infructuous. The State, represented by an A.P.P., raised no objection to the petitioner's request. The High Court, after considering the parties' submissions and the trial court's report, held that the application was indeed infructuous and therefore disposed of it. The order effectively dismissed the petition without further proceedings.

Issues considered

  • Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be entertained when the underlying trial has already been disposed and the accused acquitted

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash application
  • Infructuous
  • Acquittal
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65462 of 2018
                 Arising Out of PS. Case No.-94 Year-2011 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 Manoj Singh @ Manoj Kumar Singh S/o Ram Raja Prasad Singh Resident of
                 Village-Chauhania,P.S. Madhuban Distt.-East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar.
           2.    Sanyogita Devi wife of Late Ashok Dubey Resident of Village-
                 Chauhania,P.S.Madhuban Distt.-East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dr. Rajesh Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Shantanu Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   07-07-2026                    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

                   04.09.2018 passed by learned Additional Sessions Judge-VIII,

                   Motihari, East Champaran, in Sessions Trial No.322 of 2014

                   arising out of Pakri Dayal P.S. Case No.94 of 2011.

                                3. As per the report submitted by the learned Trial

                   Court dated 20.04.2026, the Sessions Trial No.322 of 2014

                   arising out of Pakri Dayal P.S. Case No.94 of 2011, has already

                   been disposed of on 18.04.2026 and the accused person has

                   been acquitted.
              Patna High Court CR. MISC. No.65462 of 2018(3) dt.07-07-2026
                                                          2/2




                                     4. Learned counsel for the petitioner submits that this

                        case may be disposed of as it has become infructuous.

                                     5. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioner.

                                     6. Considering the submissions of learned counsel 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)
Utkarsh.k/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.