Patna High Court
Zahir AlamversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was dismissed as infructuous because the petitioner had died.
Summary
The petitioner, Zahir Alam, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 20 March 2017 of the Special Judge, Vigilance-II, Patna, which had taken cognizance of offences under Section 420 of the Indian Penal Code and Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act. The petitioner argued that the case had become infructuous because he had died. The High Court considered whether a petition for quash can be entertained when the accused is deceased and whether the proceedings become infructuous upon death. The Court held that the death of the accused rendered the petition infructuous. Consequently, the petition was disposed of without further hearing.
Issues considered
- What is the effect of the death of the accused on a pending petition under Section 482 CrPC seeking quash of a criminal proceeding?
- Whether the petition can be entertained or must be dismissed as infructuous?
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 420
- Prevention of Corruption Act — s. 13(1)(d), 13(2), 7
Subjects
- Section 482 CrPC
- infructuous petition
- death of accused
- quash order
- Prevention of Corruption Act
- Indian Penal Code Section 420
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76147 of 2018
Arising Out of PS. Case No.-349 Year-2016 Thana- KISHANGANJ District- Kishanganj
======================================================
Zahir Alam S/o late Habibur Rehman, Resident of Village-Punas, P.O.-
Soantha, P.S.-Kochadhaman, District-Kishanganj.
... ... Petitioner/s
Versus
1. State Of Bihar
2. The State of Bihar, through The Vigilance Bureau of Investigation, Bihar,
Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Giri, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 20.03.2017 passed by
the learned Special Judge, Vigilance-II, Patna in Special Case
No. 28 of 2016, corresponding to Kishanganj P.S. Case No. 349
of 2016 by which cognizance was taken against the petitioner
for the offence under Sections 420 of I.P.C. and Section 7/13(1)
(d) read with Section 13(2) of the Prevention of Corruption Act.
3. Learned counsel for the petitioner submits that this
case has become infructuous as the petitioner has died,
accordingly, the same may be disposed of.
Patna High Court CR. MISC. No.76147 of 2018(2) dt.02-07-2026
2/2
4. Accordingly, the present case is disposed of having
become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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