Patna High Court
AminuddinversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 is dismissed as the proceedings are deemed infructuous.
Summary
The petitioner, Aminuddin, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash two orders dated 11 September 2018 (a criminal revision) and 9 April 2018 (a judgment of the first‑class magistrate) in a complaint case. The petitioner argued that the proceedings had become infructuous and therefore no longer required judicial intervention. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The Hon’ble Justice Sunil Dutta Mishra considered the submissions and found that the case was indeed infructuous. Consequently, the application was disposed of without granting any relief, effectively leaving the earlier orders untouched.
Issues considered
- Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the earlier orders is maintainable.
- Whether the proceedings have become infructuous warranting dismissal of the application.
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous Proceedings
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72287 of 2018
Arising Out of PS. Case No.-121 Year-2016 Thana- COMPLAINT CASE District-
Kishanganj
======================================================
Aminuddin Son of Late Majuddin, Resident of Village- Rahmanganj, P.S.-
Bahadurganj, District- Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Saminuddin, Son of Late Moinuddin,
3. Kalimuddin, Son of Late Moinuddin,
4. Halimuddin, Son of Late Moinuddin,
5. Md Nazimuddin, Son of Late Moinuddin, null
6. Kausari Begum, Wife of Kalimuddin, null
7. Shaheda, Wife of Samiruddin, null
8. Md. Muslim, Son of Late Insaf Ali, null
9. Naved Alam, Son of Masleuddin, All resident of Village- Jhiljhili, P.S.-
Bahadurganj, Distt- Kishanganj.
10. Shaukat Alam, Son of Late Fazlure Rahman, All resident of Village-
Jhiljhili, P.S.- Bahadurganj, Distt- Kishanganj.
11. Wahid Alam, Son of Dhoka, Resident of Village- Sangat Jhiljhili P.S.-
Bahadurganj, Distt- Kishanganj.
12. Shashi Bhushan Singh, Son of Late Bisheshwar Pd, Resident of Village-
Rahmanganj, P.S.- Bahadurganj, Distt- Kishanganj.
13. Nawed Alam, Son of Late Habibur Rahman, Resident of Village- Siktihar,
P.S.- Bahadurganj, Distt- Kishanganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate.
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 14-05-2026 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
Patna High Court CR. MISC. No.72287 of 2018(2) dt.14-05-2026
2/2
11.09.2018 passed by learned Learned Sessions Judge,
Kishanganj in Criminal Revision No. 20 of 2018 and also the
order dated 09.04.2018 passed by learned J.M., 1 st Class,
Kishanganj in connection with Complaint Case No.121 of 2016.
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
for the parties, the present Cr. Misc. Application stands disposed
of as it has become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-Utkarsh/-
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