Patna High Court

Ghutar SinghversusState Of Bihar and Anr

Decided: 31 January 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The petition is dismissed as infructuous because the underlying criminal case has already been disposed of.

Summary

The petitioner, Ghutar Singh, filed a petition under Section 482 of the CrPC seeking to quash the order dated 11 September 2018 passed by the Judicial Magistrate, First Class, Jamui, which had taken cognizance of offences under Sections 323, 341, 379 and 504 of the Indian Penal Code. The status report indicated that the criminal case (Complaint No. 468(C) of 2018) had already been disposed of on 6 April 2025. The petitioner argued that the petition was now infructuous and should be dismissed. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the prayer. The Patna High Court, after noting the disposal of the underlying case, held that the petition could not be entertained and disposed of it as infructuous.

Issues considered

Whether a petition under Section 482 of the CrPC for quashing a criminal proceeding can be entertained when the proceeding has already been disposed of, rendering the petition infructuous.

Legislation cited

Indian Penal Code — s. 323, 341, 379, 504

Subjects

quash petition
Section 482 CrPC
infructuous
criminal procedure
IPC offences
cognizance
case disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70796 of 2018
                  Arising Out of PS. Case No.-468 Year-2018 Thana- COMPLAINT CASE District- Jamui
                 ======================================================
                 Ghutar Singh Son of Late Mahabir Singh, Resident of Village- Maura, Police
                 Station- Gidhaur, District- Jamui.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Most. Sakun Devi, Wife of Late Munni Singh, Resident of Maura, Police
                 Station- Gidhaur, District- Jamui.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Akhauri Kamal Kishore Sahay, Advocate
                 For the Opposite Party/s :      Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   31-01-2026                  This petition has been filed for quashing of order

                   dated 11.09.2018 passed by learned J.M., 1st Class, Jamui in

                   Complaint Case No.468(C) of 2018 whereby and whereunder

                   the court concerned took cognizance against all the accused

                   persons including petitioner for the offence under Sections 323,

                   341, 379 and 504 of the I.P.C.

                                2. From the status report, it appears that the said case

                   has already been disposed of on 06.04.2025.

                                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.70796 of 2018(2) dt.31-01-2026
                                                       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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