Patna High Court
Rajesh Kumar and AnrversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is disposed of as infructuous and is not entertained.
Summary
Petitioners Rajesh Kumar and Sujit Kumar Toni filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 02-08-2018 passed by the Additional Sessions Judge, Khagaria. They argued that the proceedings had become infructuous and therefore the application should be dismissed. The State of Bihar, as the opposite party, raised no objection to the petitioner's prayer. The learned court considered the submissions of both parties. Finding that the matter was indeed infructuous and that there was no opposition, the court disposed of the application. The order was pronounced by Justice Sunil Dutta Mishra on 11-05-2026.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be entertained when the subject matter has become infructuous
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous
- Criminal Miscellaneous Application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71235 of 2018
Arising Out of PS. Case No.-69 Year-2017 Thana- MANSI District- Khagaria
======================================================
1. Rajesh Kumar.
2. Sujit Kumar Toni, Both Sons of Ram Sharan Pushp, Resident of Village-
Chak Hussaini Mansi Bazar, P.S.- Mansi, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dineshwar Mishra, Advocate.
Ms. Ruchi Arya, Advocate.
For the Opposite Party/s : Mr. Anil Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
02.08.2018 passed by learned Additional Sessions Judge-II nd,
Khagaria in connection with Sessions Trial No.74 of 2018
(arising out of Mansi P.S. Case No.69 of 2017).
3. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. Considering the submissions of learned counsels
Patna High Court CR. MISC. No.71235 of 2018(2) dt.11-05-2026
2/2
for the parties, the present Cr. Misc. Application stands disposed
of as it has become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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