Patna High Court
Kunti DeviversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was dismissed as infructuous because the underlying criminal case had already been disposed of.
Summary
The petitioner, Kunti Devi, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 12 July 2018 that had rejected her earlier petition in a criminal case (Special Case No. 56 of 2018). The High Court was informed that the underlying criminal case (PS Nimchak Bathani Case No. 21 of 2013) had already been disposed of on 19 January 2021, rendering the petition moot. Both parties agreed that the matter had become infructuous. The Court, after considering the submissions, disposed of the petition on the ground that it was no longer capable of affecting any substantive rights. Consequently, the petition was dismissed as infructuous.
Issues considered
- Whether a petition under Section 482 CrPC seeking quash of an earlier order can be dismissed as infructuous when the substantive criminal case has already been disposed of
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Section 482 CrPC
- quash petition
- infructuous case
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66848 of 2018
Arising Out of PS. Case No.-21 Year-2013 Thana- NIMCHAKBATHANI District- Gaya
======================================================
Kunti Devi Wife of Rajendra Prasad Yadav @ Rajendra Yadav, Resident of
Village-Madho Bigha, P.S.-Nimchak Bathani, District-Gaya.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Kumar Jha, Advocate
For the Opposite Party/s : Mr. Md. Ashlam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-05-2026 Heard learned counsel for the petitioner 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 12.07.2018 passed by
the learned Court of Elected M.P. and MLA/MLC, Bihar, Patna
whereby the petition dated 22.05.2018 filed by the petitioner
was rejected in connection with Special Case No. 56 of 2018,
arising out of S.Tr. (Gaya) No. 334 of 2015 in Nimchak Bathani
P.S. Case No. 21 of 2013.
3. As per the report of the Court concerned, vide letter
no. 228 dated 16.04.2026, it is informed that Nimchak Bathani
P.S. Case No. 21 of 2013 has already been disposed of on
19.01.2021.
4. Learned counsel for the petitioner submits that this
Patna High Court CR. MISC. No.66848 of 2018(3) dt.11-05-2026
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 petitioner.
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.