Patna High Court
Dilip Thakur @ Dilip KumarversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 326
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/-
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