Patna High Court
Arbind MandalversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition under Section 482 Cr.P.C. was dismissed as the criminal proceeding had become infructuous.
Summary
The petitioner, Arbind Mandal, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the proceedings of Nath Nagar Police Station Case No. 413 of 2017, in which he was charged under Sections 302, 120(B), 201 and 34 of the Indian Penal Code. The trial court had already disposed of the case and pronounced judgment on 1 February 2024, as reflected in a report dated 20 June 2026. The petitioner argued that the criminal proceeding had become infructuous and should be dismissed. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The High Court, after hearing both sides, held that since the original case was already disposed, the petition under Section 482 was moot and consequently disposed of the petition as infructuous.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing a criminal proceeding is maintainable when the proceeding has already been disposed and become infructuous.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 120(B), 201, 302, 34
Subjects
- Criminal Procedure
- Section 482
- Infructuous proceeding
- Quash petition
- High Court disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70168 of 2018
Arising Out of PS. Case No.-413 Year-2017 Thana- NATHNAGAR District- Bhagalpur
======================================================
Arbind Mandal Son of Late Kiro Mandal, Resident of Village- Raghopur, P.S.
Nath Nagar, District- Bhagalpur.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Munna Devi, W/o Late Ashok Mandal, Resident of Village- Raghopur, P.S.
Nath Nagar, District- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prahalad Kumar Bhagat, Advocate
For the Opposite Party/s : Mr. Chaubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 02-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the entire proceeding of Nath Nagar
P.S. Case No. 413 of 2017 and order of cognizance dated
08.11.2017 passed by the learned A.C.J.M., Bhagalpur by which
cognizance was taken against the petitioner for the offences
under Sections 302,120(B), 201, 34 of the I.P.C. in Nath Nagar
P.S. Case No. 413 of 2017.
3. As per the report of the learned Trial Court, vide
Letter No. 35/2026 dated 20.06.2026, Nath Nagar P.S. Case No.
413 of 2017 has already been disposed of and judgment has
Patna High Court CR. MISC. No.70168 of 2018(3) dt.02-07-2026
2/2
been pronounced on 01.02.2024.
4. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same 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 the learned counsel
for the parties, the present case is disposed of having become
infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
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