Patna High Court
ASHOK KUMAR SINHA @ MUNNAJIversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of as infructuous because the criminal case has already been concluded.
Summary
The petitioner, Ashok Kumar Sinha, filed a petition under Section 482 of the CrPC seeking to quash the order dated 31 March 2017, wherein a Judicial Magistrate had taken cognizance of offences under Sections 323, 504 and 417 of the Indian Penal Code. The petitioner argued that the criminal case (Complaint No. 380 of 2017) had already been disposed of on 24 March 2023, rendering the petition infructuous. The State, through its counsel, raised no objection to the prayer. The High Court examined whether a petition for quashing remains viable after the substantive criminal proceeding has concluded. Finding that the matter was moot, the Court disposed of the petition as infructuous, without any further order.
Issues considered
- Whether a petition under Section 482 of the CrPC for quashing a criminal proceeding is maintainable when the proceeding has already been disposed of.
- Whether the order dated 31 March 2017 can be quashed as it has become infructuous.
Legislation cited
- Indian Penal Code — s. 323, 417, 504
Subjects
- quash petition
- Section 482 CrPC
- infructuous
- IPC offences
- criminal procedure
- High Court disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.692 of 2018
Arising Out of PS. Case No.-380 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
Ashok Kumar Sinha @ Munnaji Son of Late Shambhu Prasad, Resident of
Mohalla-Brahmpura, Back of Bragmpura Police Station, Police Station
Brahmpura, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Basir, son of Late Nathuni Ansari, R/o village Mithansarai, Tole,
Madhopur, P.S. Ahiyapur, District Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Mohan Mishra, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 30-01-2026 This petition has been filed for quashing of order
dated 31.03.2017 arising out of Complaint Case No.380 of 2017
(Trial No.3108 of 2017) passed by learned Judicial Magistrate,
1st Class, Muzaffarpur whereby and whereunder cognizance for
the offences under Sections 323, 504 and 417 of the I.P.C. was
taken by the court concerned against the petitioner.
2. From the status report, it appears that the said case
has already been disposed of on 24.03.2023.
3. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
4. Learned APP for the State has no objection to this
prayer of the petitioner.
Patna High Court CR. MISC. No.692 of 2018(3) dt.30-01-2026
2/2
5. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U T
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