Patna High Court
Rajiv Kumar Thakur @ Raju Thakur and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is dismissed as infructuous because the original complaint has already been disposed of.
Summary
The petitioners, including Rajiv Kumar Thakur and family, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 30 January 2018 of the Additional Chief Judicial Magistrate, which had found a prima facie case against them under IPC sections 341, 323, 498A and 504. The petitioners argued that the original complaint (Case No. 1077 of 2017) had already been disposed of by an order dated 3 December 2019, rendering the present application infructuous. The State of Bihar raised no objection to the petitioners' request. The Court, after considering the parties' submissions and the trial court's report, held that the application was no longer maintainable as the underlying case had been concluded. Consequently, the Court disposed of the criminal miscellaneous application as infructuous.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be entertained when the original complaint has already been disposed of.
- Whether the application should be dismissed as infructuous.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 323, 341, 498A, 504
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Infructuous
- Disposition
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74963 of 2018
Arising Out of PS. Case No.-1077 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
1. Rajiv Kumar Thakur @ Raju Thakur Son of Ngeshwar Prasad Thakur.
2. Niru Devi Wife of Rajiv Kumar Thakur.
3. Sushant Suman Son of Rajiv Kumar Thakur.
4. Simant Suman Son of Rajiv Kumar Thakur All Resident of Village-
Rasulpur,P.S. Karja,Distt.-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Nutan Sharma Wife of Pawan Kumar Thakur, Son of Late Balgangadhar
Tilak Sharma All Resident of Village-Rasulpur,P.S. Karja,Distt.-
Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate.
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioners 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
30.01.2018 passed by learned Additional Chief Judicial
Magistrate, II (West), Muzaffarpur in Complaint Case No.1077
of 2017 by which learned Trial Court has found prima facie case
against the petitioners under Sections 341, 323, 498(A), 504 of
the I.P.C.
3. As per the report submitted by the learned Trial
Patna High Court CR. MISC. No.74963 of 2018(2) dt.30-06-2026
2/2
Court vide letter No.06 of 2025 dated 23.08.2025, the
Complaint Case No.1077 of 2017 has already been disposed of
vide order dated 03.12.2019.
4. Learned counsel for the petitioners submits that the
Complaint Case No.1077 of 2017 has already been disposed of
and now this case has become infructuous, accordingly, he prays
that the present case may be disposed of.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
6. Considering the submissions of learned counsel for
the parties and the report submitted by the learned Trial Court,
the present Cr. Misc. Application stands disposed of having
become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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