Patna High Court
Sunil Kumar Sinha @ Sunil VermaversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is dismissed as it has become infructuous due to the disposal of the underlying case.
Summary
The petitioners Sunil Kumar Sinha and Nandan Prasad Sinha filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 04-12-2015 that had summoned them for alleged offences under Section 420 of the Indian Penal Code. The trial court had earlier found a prima facie case and issued a summons. A report filed on 24-04-2026 indicated that the underlying complaint case (C-2327 of 2015) had already been disposed of on 17-07-2019. The petitioners argued that, in view of this disposal, the application had become infructuous and should be dismissed. The State raised no objection to the prayer. The High Court, after considering the submissions and the report, held that the application was indeed infructuous and consequently disposed of it.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be entertained when the substantive criminal case has already been disposed of.
- Whether the application becomes infructuous and should be dismissed.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 420
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Application
- Case Disposal
- Section 420
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67190 of 2018
Arising Out of PS. Case No.-2327 Year-2015 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Sunil Kumar Sinha @ Sunil Verma Son of Binay Verma @ Gunjeshwari
Nandan Prasad Sinha, Resident of Village Bakarpur, P.S. Raja Pakar, District
Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Suraj Paswan Son of Late Tekchand Paswan, Resident of Village-
Mansihpur, P.S.- Tisiauta, District- Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate.
For the Opposite Party/s : Mr. Ram Naresh Ray, 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
04.12.2015 passed by learned J.M. 1st Class, Vaishali at Hajipur
in connection with Complaint Case No.C-2327 of 2015 (T.R.
No.1276 of 2015 by which the learned Trial Court after finding
a prima facie case for offence under Section 420 of the I.P.C.
has summoned the petitioner for appearance.
3. Vide order dated 03.04.2026 a report regarding
status of case was called for, which was received vide Letter
Patna High Court CR. MISC. No.67190 of 2018(3) dt.12-05-2026
2/2
No.106 dated 24.04.2026. As per the said report submitted by
the learned Trial Court, the above noted case has already been
disposed of on 17.07.2019.
4. In view of the aforesaid, 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 counsels
for the parties as well as the report submitted by the learned
Trial Court, the present Cr. Misc. Application stands disposed of
as it has become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.