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Patna High Court

Harendra Mahto and OrsversusThe State Of Bihar

Decided
Disposal
DISPOSED

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

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/-

U         T


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