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Patna High Court

Akhtar HussainversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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