Patna High Court
Usha DeviversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as infructuous because the criminal proceeding has already been concluded.
Summary
The petitioner, Usha Devi, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an FIR dated 01‑06‑2018 that alleged offences under Sections 406 and 420 of the Indian Penal Code. The trial court had already disposed of the case in its final form on 18‑02‑2020, as reflected in its report dated 17‑04‑2026. The petitioner contended that, because the criminal proceeding was concluded, the petition had become infructuous and should be dismissed. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's prayer. After hearing counsel for both sides, the High Court held that the petition could not be entertained as the matter was already terminated and therefore disposed of it as infructuous. The order underscores that Section 482 CrPC cannot be invoked to revive or quash an FIR when the underlying case has been finally disposed of.
Issues considered
- Whether a petition under Section 482 CrPC for quashing an FIR is maintainable when the criminal proceeding has already been disposed of in its final form
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 406, 420
Subjects
- Section 482
- quash of FIR
- infructuous petition
- criminal procedure
- Indian Penal Code
- case disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66953 of 2018
Arising Out of PS. Case No.-141 Year-2018 Thana- RANIYATALAB District- Patna
======================================================
Usha Devi S/o Late Uday Prasad R/o Village-Saidabad, P.S. Rani Talab,Distt.-
Patna
... ... Petitioner/s
Versus
1. State Of Bihar
2. Ashok Kumar Chaudhary, Block Supply Officer-in-Charge Bikram,Distt.-
Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dineshwar Mishra, Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, 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 F.I.R. of Rani Talab P.S. Case No.
141 of 2018 dated 01.06.2018 registered under Sections 406,
420 of the I.P.C.
3. As per the report of the learned Trial Court, vide
letter no. 27 dated 17.04.2026, Rani Talab P.S. Case No. 141 of
2018 has already been disposed off as final form accepted on
18.02.2020.
4. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same may be
disposed of.
Patna High Court CR. MISC. No.66953 of 2018(3) dt.11-05-2026
2/2
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
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