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Patna High Court

Achak Lal SahversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The application is dismissed as infructuous because the original case has already been disposed.

Summary

The petitioner, Achak Lal Sah, filed an application under Sections 227 and 228 of the Criminal Procedure Code seeking to quash an order dated 07-08-2018 passed by the 1st Additional Sessions Judge‑cum‑Special Judge, Madhubani. The application was filed in Criminal Miscellaneous No.68151 of 2018 before the Patna High Court. The court learned from the status report that the original case (G.R. No.10 of 2014) had already been disposed of on 04-10-2024. Counsel for the petitioner argued that the application had become infructuous and should be dismissed. The State had no objection. The High Court agreed and disposed of the application as infructuous, effectively dismissing the petition.

Issues considered

  • Whether an application under Sections 227 and 228 of the Cr.P.C. for quashing an order can be entertained when the substantive case has already been disposed, rendering the application infructuous.

Legislation cited

Subjects

  • quash order
  • infructuous application
  • CrPC sections 227 228
  • petition dismissed
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68151 of 2018
                     Arising Out of PS. Case No.-180 Year-2014 Thana- LAUKAHI District- Madhubani
                 ======================================================
                 Achak Lal Sah Son of Hajari Sah, Resident of Village- Chatrapatti, Police
                 Station- Laukahi, District- Madhubani.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Lakshmindra Kumar Yadav, Advocate
                 For the Opposite Party/s :       Mr. Anant Kumar, APP
                 ======================================================
                 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. This application has been filed for quashing the

                   order dated 07.08.2018 passed by learned 1st Additional

                   Sessions Judge-cum-Special Judge, Madhubani whereby and

                   whereunder the application under Sections 227 and 228 of

                   Cr.P.C. filed by petitioner was rejected in G.R. No.10 of 2014

                   arising out of Laukahi P.S. Case No.180 of 2014.

                               3. From the status report received from the court

                   concerned, it appears that the aforesaid case has already been

                   disposed of on 04.10.2024.

                               4. Learned counsel for the petitioner submits that this

                   case may be disposed of as it has now become infructuous.

                              5. Learned A.P.P. for the State has no objection to this
           Patna High Court CR. MISC. No.68151 of 2018(3) dt.12-05-2026
                                                       2/2




                     prayer of the petitioner.

                                  6. In view of the submission of the learned counsel for

                     the petitioner, this application is disposed of as having become

                     infructuous.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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