Patna High Court
DHARMENDRA KUMAR @ DHARMENDRA KUMAR SINGHversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The FIR is quashed and the petition dismissed because the criminal proceeding had become infructuous.
Summary
The petitioner, Dharmendra Kumar, filed a petition under Section 482 of the Criminal Procedure Code seeking quash of FIR No. 141 of 2018, which alleged offences under Sections 406 and 420 of the Indian Penal Code. The trial court had already disposed of the case on 18 February 2020, as per its report dated 6 May 2026. The petitioner argued that the proceeding had become infructuous and should be dismissed. The State, represented by an Additional Public Prosecutor, raised no objection to the petition. The High Court, after hearing both sides, held that since the criminal case was already disposed, the FIR could be quashed and the petition dismissed as infructuous.
Issues considered
- Whether an FIR can be quashed under Section 482 CrPC when the underlying criminal case has already been disposed?
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 406, 420
Subjects
- quash of FIR
- Section 482 CrPC
- infructuous proceeding
- criminal procedure
- case disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70362 of 2018
Arising Out of PS. Case No.-141 Year-2018 Thana- RANIYATALAB District- Patna
======================================================
Dharmendra Kumar @ Dharmendra Kumar Singh S/o Late Deo Dut Singh,
R/o Village- Barada, P.S. Rani Talab, District- Patna.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Ashok Kumar Chaudhary, Block Supply Officer-in- Charge, Bikram,
District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dineshwar Mishra, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, 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 F.I.R. in connection with Rani
Talab P.S. Case No. 141 of 2018 registered for the offences
under Section 406/420 of the I.P.C.
3. As per the report of the learned Trial Court, vide
Letter No. 34 dated 06.05.2026, Rani Talab P.S. Case No. 141 of
2018 has already been disposed of on 18.02.2020.
4. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same may be
disposed of.
Patna High Court CR. MISC. No.70362 of 2018(3) dt.02-07-2026
2/2
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/-
U T
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