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Patna High Court

Sunil Kumar Sinha @ Sunil VermaversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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


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