Patna High Court
Tatu GhoshversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 Cr.P.C. is dismissed as infructuous because the case has already been disposed of.
Summary
The petitioner, Tatu Ghosh, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the FIR registered at Akbarpur Police Station (Case No.106 of 2018) for offences under Sections 341, 323, 448, 354 and 34 of the Indian Penal Code. The trial court reported that the case had already been disposed of on 8 December 2021. The petitioner argued that the application was now infructuous and should be dismissed. The State of Bihar, through its A.P.P., raised no objection to the petitioner's prayer. The High Court, after considering the submissions and the trial court’s report, held that the application was indeed infructuous and consequently disposed of it. The order effectively leaves the earlier disposal of the case undisturbed.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. for quashing an FIR is maintainable when the underlying case has already been disposed of.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 323, 34, 341, 354, 448
Subjects
- Criminal Procedure
- Section 482
- Quashment of FIR
- Infructuous
- Case disposal
- Criminal miscellaneous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67923 of 2018
Arising Out of PS. Case No.-106 Year-2018 Thana- AKBARPUR District- Nawada
======================================================
Tatu Ghosh Son of Ram Balak Yadav, Resident of Village-Baliya Bujurg,
Police Station-Akbarpur in the District of Nawada.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate.
For the Opposite Party/s : Mr. Satya Nand Shukla, 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 F.I.R. bearing
Akbarpur P.S. Case No.106 of 2018 registered for the offence
punishable under Sections 341, 323, 448, 354/34 of the Indian
Penal Code.
3. Vide order dated 06.04.2026 a report regarding
status of case was called for, which was received vide Letter
No.04 dated 18.04.2026. As per the said report submitted by the
learned Trial Court, the above noted case has already been
disposed on 08.12.2021.
4. Learned counsel for the petitioner submits that this
case may be disposed of, as it has become infructuous.
Patna High Court CR. MISC. No.67923 of 2018(3) dt.12-05-2026
2/2
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 and the report submitted by the learned concerned
Court, the present Cr. Misc. Application stands disposed of
having become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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