Patna High Court
Raghubar SahversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 is dismissed as infructuous because the original case has already been disposed.
Summary
The petitioner, Raghubar Sah, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 07.05.2018 passed by the Sub-Divisional Judicial Magistrate, Samastipur, in case No. 187 of 2017. The S.D.J.M. reported that the original case had already been disposed of on 10.11.2023 with the petitioner acquitted. The petitioner argued that the pending application had become infructuous and should be dismissed. The State of Bihar raised no objection to the petitioner's request. The Patna High Court, after considering the submissions and the report, held that the application was indeed infructuous and disposed of it.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be entertained when the original case has already been disposed and the petitioner acquitted
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Application
- Acquittal
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71571 of 2018
Arising Out of PS. Case No.-187 Year-2017 Thana- KALYANPUR District- Samastipur
======================================================
Raghubar Sah S/o Ram Udgar Sah, Resident of Village-Dhrubgama, P.S.-
Kalyanpur, District-Samastipur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar Karan, Advocate
For the Opposite Party/s : Mr. Nityanand, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 09-07-2026 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
07.05.2018 passed by S.D.J.M., Samastipur in Kalyanpur P.S.
Case No. 187 of 2017.
3. As per the report submitted by the learned
S.D.J.M., Samastipur vide letter No.108 of 2026 dated
01.06.2026, Kalyanpur P.S. Case No. 187 of 2017 has already
been disposed of on 10.11.2023, as the petitioner had already
been acquitted.
4. Learned counsel for the petitioner submits that the
Kalyanpur P.S. Case No. 187 of 2017 has already been disposed
of and this case has become infructuous, accordingly, prays that
Patna High Court CR. MISC. No.71571 of 2018(3) dt.09-07-2026
2/2
the present case 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 learned counsel for
the parties and the report submitted by the concerned Court, the
present Cr. Misc. Application stands disposed of having become
infructuous.
(Sunil Dutta Mishra, J)
Utkarsh.k/-
U T
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