Patna High Court
Akhtar HussainversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
A petition under Section 482 Cr.P.C. may be dismissed when the underlying criminal proceeding has been fully disposed of, rendering the matter infructuous.
Summary
The petitioner, Akhtar Hussain, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 18-08-2018/20-08-2018 passed by the Additional Chief Judicial Magistrate, which had taken cognizance of offences under Sections 406, 420, 323/504 and 120B of the Indian Penal Code and had rejected his discharge petition under Section 239 Cr.P.C. The petitioner argued that the underlying case (Govindganj P.S. Case No. 44 of 2015) had already been disposed of on 14-05-2026, rendering the proceedings infructuous. The State, through its Additional Public Prosecutor, raised no objection to the petitioner's request for disposal. The Court examined the submissions and the record showing the final disposal of the trial case. Finding that the matter was indeed infructuous and that both parties consented, the Court disposed of the petition. Consequently, the petition was dismissed as there was no longer any live controversy.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing a criminal proceeding can be dismissed on the ground that the underlying case has become infructuous.
Legislation cited
- Criminal Procedure Code — s. 239, 482
- Indian Penal Code — s. 120B, 323, 406, 420, 504
Subjects
- Criminal Procedure
- Section 482
- Quash Petition
- Infructuous Proceedings
- Discharge under Section 239
- Trial Court Disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70465 of 2018
Arising Out of PS. Case No.-44 Year-2015 Thana- GOVINDGANJ District- East Champaran
======================================================
Akhtar Hussain S/o- Late Abdul Mohmad Hafiz @ Abdul Hafiz, resident of
Village- Ijra, P.S.- Sangrampur, District- East Champaran.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Dhanish Kumar Dwivedi, S/o Braj Mohan Dwivedi, resident of Village-
Rajpur, P.S. Govindganj, District- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, 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 order dated 18.08.2018/20.08.2018
passed by the learned A.C.J.M. 1st, Motihari, East Champaran in
G.R. No. 764 of 2015, Tr. No. 2511 of 2018, arising out of
Govindganj P.S. Case No. 44 of 2015 by which cognizance was
taken against the petitioner for the offences under Sections 406,
420, 323/504, 120B of the I.P.C. and the learned Trial Court
rejected the discharge petition filed by the petitioner under
Section 239 Cr.P.C.
3. As per the report of the learned Trial Court, vide
Patna High Court CR. MISC. No.70465 of 2018(3) dt.02-07-2026
2/2
Letter No. 49 dated 16.05.2026, Govindganj P.S. Case No. 44 of
2015 has already been disposed of on 14.05.2026.
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/-
U T
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