Patna High Court
Harendra Mahto and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is dismissed as infructuous because the substantive case was already disposed of.
Summary
The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 01-09-2018 passed by the Additional District Judge, 6th, Saran. The application was filed after the trial court reported that the underlying case (S. Tr. No.394 of 2017) had already been disposed of on 02-08-2023. Both parties appeared before the Patna High Court, with the petitioner’s counsel arguing that the application had become infructuous, and the State’s counsel raising no objection. The Court examined the trial court’s report and noted that there was no pending proceeding to be interfered with. Consequently, the Court disposed of the criminal miscellaneous application as infructuous, without entertaining the request to quash the earlier order.
Issues considered
- Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the order dated 01-09-2018 is maintainable when the substantive case has already been disposed of.
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Application
- High Court Disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67679 of 2018
Arising Out of PS. Case No.-67 Year-2016 Thana- KHAIRA District- Saran
======================================================
1. Harendra Mahto Son of Late Kallu Mahto
2. Sandeep Kumar @ Sandeep Kumar Singh Son of Late Kallu Mahto.
3. Shivnath Singh Son of Late Kallu Mahto.
4. Kamlesh Kumar Son of Harendra Mahto.
5. Dulari Devi @ Dulariya Devi Wife of Mahgu Mahto @ Shivnath Mahto.
6. Chand Devi Wife of Sanjay Kumar.
7. Sangeeta Devi Wife of Sandeep Kumar.
8. Sanjay Singh @ Sanjay Kumar Son of Late Kallu Mahto.
9. Usha Devi Wife of Harendra Mahto. All Resident of Village- Patadha, P.S.
Khaira, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Tiwary, Advocate.
For the Opposite Party/s : Mr. Lalan Kumar, 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
01.09.2018 passed by learned A.D.J.M. 6th, Saran in connection
with S. Tr. No.394 of 2017 (Arising out of Khaira P.S. Case
No.67 of 2016).
3. Vide order dated 06.04.2026 a report regarding
status of case was called for, which was received vide Letter
Patna High Court CR. MISC. No.67679 of 2018(3) dt.12-05-2026
2/2
No.85 dated 16.04.2026. As per the said report submitted by the
learned Trial Court, the above noted case has already been
disposed of on 02.08.2023.
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/-
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