Patna High Court
Manish KumarversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The criminal miscellaneous application is dismissed as it has become infructuous.
Summary
Manish Kumar filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 24 September 2018 passed by the 6th Additional District and Sessions Judge, Bhojpur. The trial court reported that the underlying case (S.Tr. No.171 of 2017) had already been disposed on 26 November 2021, with the petitioner acquitted of all charges. The petitioner argued that the application had become infructuous and should be dismissed. The State of Bihar raised no objection to the petitioner's request. Considering the submissions and the fact that the original case was already concluded, the High Court disposed of the criminal miscellaneous application as infructuous.
Issues considered
- Whether a criminal miscellaneous application under Section 482 is maintainable when the original case has already been disposed and the petitioner acquitted
- Whether the application should be dismissed as infructuous
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Application
- Acquittal
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67153 of 2018
Arising Out of PS. Case No.-13 Year-2016 Thana- IMADPUR District- Bhojpur
======================================================
Manish Kumar Son of Gorakh Nath Thakur @ Gorakh Thakur, Resident of
Village- Moapkala, Police Station- Imadpur, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Singh, Advocate.
For the Opposite Party/s : Smt. Meena Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 12-05-2026 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
24.09.2018 passed by learned 6th Additional District and
Sessions Judge, Bhojpur at Ara in connection with S.Tr. No.171
of 2017 arising out of Imadpur P.S. Case No.13 of 2016.
3. Vide order dated 02.04.2026 a report regarding
status of case was called for, which was received vide Letter
No.44 of 2026 dated 10.04.2026. As per the said report
submitted by the learned Trial Court, the above noted case was
already disposed of on 26.11.2021 and the petitioner has been
acquitted of all the charges.
4. Learned counsel for the petitioner submits that this
Patna High Court CR. MISC. No.67153 of 2018(3) dt.12-05-2026
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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 counsels
for the parties, the present Cr. Misc. Application stands disposed
of as it has become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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