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Patna High Court

Ashok Modi @ Ashok Kumar ModiversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Ashok Modi filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 29 August 2018 passed by the Sessions Judge, Lakhisarai, which had dismissed his earlier application for discharge under Section 239 of the CrPC. The petitioner argued that the underlying case (Kajra P.S. Case No.28 of 2017) had already been disposed of, rendering the present application infructuous. The State of Bihar raised no objection to the petitioner's request for disposal. The High Court, after considering the parties' submissions and a report from the Principal District & Sessions Judge confirming the disposal of the original case, held that the application could no longer be entertained. Consequently, the Court disposed of the criminal miscellaneous application as infructuous.

Issues considered

  • Whether a criminal miscellaneous application under Section 482 CrPC is maintainable when the substantive case has already been disposed of
  • Whether the application becomes infructuous and should be dismissed

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Section 239
  • Infructuous application
  • Quash order
  • Case disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69035 of 2018
                       Arising Out of PS. Case No.-28 Year-2017 Thana- KAJRA District- Lakhisarai
                 ======================================================
                 Ashok Modi @ Ashok Kumar Modi Son of Late Saryug Modi Resident of
                 Village-Arma,P.S. Kajara,Distt.-Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ratnakar Pandey, Advocate.
                 For the Opposite Party/s :        Mr. Panchanand Pandit, 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

                   29.08.2018 passed by learned Sessions Judge, Lakhisarai in Cr.

                   Rev. No.46 of 2018 arising out of Kajra P.S. Case No.28 of 2017

                   (G.R. No.472 of 2017) by which the Trial Court has dismissed

                   the application by which the petitioner has challenged the order

                   dated 13.08.2018 passed by concerned Court seeking his

                   discharge under Section 239 of Cr.P.C.

                                3. As per the report submitted by the learned Principal

                   District & Sessions Judge, Lakhisarai vide letter No.709 of 2025

                   dated 17.09.2025, the Kajra P.S. Case No.28 of 2017 (G.R.

                   No.472 of 2017) has already been disposed of.
              Patna High Court CR. MISC. No.69035 of 2018(2) dt.31-01-2026
                                                          2/2




                                     4. Learned counsel for the petitioner submits that the

                        Kajra P.S. Case No.28 of 2017 (G.R. No.472 of 2017) 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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