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Patna High Court

Dilip Thakur @ Dilip KumarversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The criminal miscellaneous application is dismissed as infructuous because the trial has already been disposed of.

Summary

The petitioner filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 01‑09‑2018 that had framed an additional charge of Section 326 of the Indian Penal Code against him. The petitioner argued that the underlying trial (Sessions Trial No.208 of 2012) had already been disposed of on 23‑07‑2025, rendering the application infructuous. The State raised no objection to the petitioner's request. The High Court, after considering the parties' submissions and the report from the trial court, held that the application could not be entertained as the case was already concluded. Consequently, the court disposed of the criminal miscellaneous application as infructuous.

Issues considered

  • What is the appropriate disposition of a criminal miscellaneous application under Section 482 Cr.P.C. when the trial court has already disposed of the case?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous Application
  • Section 326 IPC
  • Trial Disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68525 of 2018
                    Arising Out of PS. Case No.-200 Year-2007 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
                 Dilip Thakur @ Dilip Kumar Son of Sachindra Thakur, Resident of Village-
                 Berua, P.S.-Gaighat, District-Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravindra Kumar Shukla, Advocate.
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   31-01-2026                  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 Additional District and Sessions

                   Judge, 1st Muzaffarpur in Sessions Trial No.208 of 2012 arising

                   out of Gaighat P.S. Case No.200 of 2007 by which the Trial

                   Court has framed additional charge under Section 326 of the

                   I.P.C. against the petitioner apart from the earlier charges.

                                3. As per the report submitted by the learned 3rd

                   District & Additional Sessions Judge, Muzaffarpur vide letter

                   No.561 dated 21.08.2025, the Sessions Trial No.208 of 2012

                   arising out of Gaighat P.S. Case No.200 of 2007 has already

                   been disposed of on 23.07.2025.
              Patna High Court CR. MISC. No.68525 of 2018(2) dt.31-01-2026
                                                          2/2




                                     4. Learned counsel for the petitioner submits that the

                        Sessions Trial No.208 of 2012 arising out of Gaighat P.S. Case

                        No.200 of 2007 has already been disposed of and this case has

                        become infructuous, accordingly, prays that the present case

                        may be disposed of.

                                     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 concerned Court,

                        the present Cr. Misc. Application stands disposed of having

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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