Patna High Court
Omkar PaswanversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application was dismissed as infructuous because the underlying case had already been acquitted.
Summary
The petitioner, Omkar Paswan, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 20 August 2018 that had rejected his earlier petition for discharge. The order in question pertained to Sessions Trial No. 421 of 2017 arising from Ahiyapur Police Station Case No. 242 of 2014. The petitioner argued that the case had already been disposed of, with an acquittal pronounced on 14 January 2020, rendering the application infructuous. The State of Bihar raised no objection to the petitioner's request. The High Court, after considering the submissions and a report confirming the prior acquittal, held that the application was indeed infructuous and disposed of it. Consequently, the petition was dismissed as there was no longer any live controversy.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be entertained when the substantive case has already been disposed of by acquittal
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Acquittal
- Infructuous
- High Court
- Criminal Miscellaneous Application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68840 of 2018
Arising Out of PS. Case No.-242 Year-2014 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Omkar Paswan Son of Jhgru Paswan, Resident of Ahiyapur, P.S.- Ahiyapur,
District- Muzaffarpur.
... ... Petitioner/s
Versus
1. State of Bihar.
2. Bindeshwar Prasad Singh, Son of Late Ramcharitra Singh, Resident of
Village- Sheikhpura Akhara Ghat, P.S.- Ahiyapur, District- Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Archana Sinha, Sr. Advocate.
For the Opposite Party/s : Mr. Asharaf Ansari, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners 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
20.08.2018 passed by learned 14th Additional District and
Sessions Judge, Muzaffarpur in Sessions Trial No.421 of 2017
arising out of Ahiyapur P.S. Case No.242 of 2014 by which the
learned Court concerned had rejected the petition filed by the
petitioner for discharge.
3. As per the report submitted by the learned In-
charge District & Additional Sessions Judge-14, Muzaffarpur
vide letter No.2314 dated 22.08.2025, the Sessions Trial No.421
Patna High Court CR. MISC. No.68840 of 2018(2) dt.31-01-2026
2/2
of 2017 arising out of Ahiyapur P.S. Case No.242 of 2014 has
already been disposed of as the petitioner and other accused
persons have already been acquitted vide judgment dated
14.01.2020.
4. Learned counsel for the petitioner submits that the
petitioner has already been acquitted 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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