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Patna High Court

Krishna Ballabh Mishra and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is disposed of as the matter has become infructuous.

Summary

The petitioners, a group of relatives from Village-Parta, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 20‑08‑2018 of the Assistant Sessions Judge‑II, Aurangabad, which had rejected their discharge petition filed under Section 228(i) CrPC. The petition argued that the matter had become infructuous and should therefore be disposed of. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request for disposal. The Court examined the submissions and noted that the underlying criminal proceeding was no longer pending, rendering the petition moot. Consequently, the Court disposed of the petition on the ground that the case had become infructuous.

Issues considered

  • Whether a petition under Section 482 CrPC seeking quash of an order can be entertained when the underlying case is infructuous

Legislation cited

Subjects

  • Section 482 CrPC
  • Section 228(i) CrPC
  • quash order
  • infructuous
  • criminal procedure
  • petition disposed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66929 of 2018
                       Arising Out of PS. Case No.-28 Year-2016 Thana- AMBA District- Aurangabad
                 ======================================================
           1.     Krishna Ballabh Mishra Son of Devi Dyal Mishra @ Sri Ram Mishra
           2.    Gayatri Devi Wife of Krishna Ballabh Mishra
           3.    Uttam Kumar Son of Krishna Ballabh @ Sri Ram Mishra
           4.    Chunmun Kumar Son of Krishna Ballabh @ Sri Ram Mishra
           5.    Jyoti Devi Wife of Anil Mishra
           6.    Sagar Mishra Son of Anil Mishra
           7.    Renu Devi Wife of Sunil Mishra
           8.    Usmindra Mishra Son of Late Sri Ram Mishra
           9.    Silu Pandit Son of Late Sri Ram Mishra All Resident of Village-Parta, P.S.
                 Amba, Distt.-Aurangabad Bihar

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    State Of Bihar
           2.    Abdhesh Mishra Son of Late Sahdev Mishra Resident of Village-Parta,P.S.
                 Amba,Distt.-Aurangabad

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Leelawati Kumari, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar Singh 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   02-04-2026                   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 Assistant Sessions Judge-II, Aurangabad in S. Tr.

                   No. 114 of 2018/05 of 2018, G.R. No. 818 of 2018, arising out

                   of Amba P.S. Case No. 28 of 2016 by which discharge petition

                   filed by the petitioners under Section 228(i) Cr.P.C. was
              Patna High Court CR. MISC. No.66929 of 2018(2) dt.02-04-2026
                                                          2/2




                        rejected.

                                     3. Learned counsel for the petitioners submits that this

                        case has become infructuous, accordingly, the same may be

                        disposed of.

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

                        prayer of the petitioners.

                                     5. Considering the submissions of the learned

                        counsels for the parties, the present case is disposed of having

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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