Patna High Court
Ali RezaversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as the matter has become infructuous.
Summary
The petitioner, Ali Reza, filed a petition under Section 482 of the CrPC seeking to quash an order dated 15-12-2015 passed by the Chief Judicial Magistrate, Purnea, which had taken cognizance of offences under Sections 341, 353, 504 and 427 of the Indian Penal Code. The petitioner argued that the matter had already been concluded, with the accused being acquitted on 30-07-2019, rendering the petition unnecessary. The State, through its Additional Public Prosecutor, raised no objection to the petitioner's request for disposal. The High Court examined whether a petition for quashing remains maintainable when the substantive criminal proceeding is already terminated. Finding that the case had become infructuous, the Court disposed of the petition. Consequently, the petition was dismissed without any further order.
Issues considered
- Whether a petition under Section 482 of the CrPC for quashing a criminal order is maintainable when the underlying case has already been disposed and the accused acquitted.
Legislation cited
- Indian Penal Code — s. 341, 353, 427, 504
Subjects
- quash petition
- infructuous
- acquittal
- Criminal Procedure Code
- Indian Penal Code
- High Court disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77336 of 2018
Arising Out of PS. Case No.-720 Year-2015 Thana- KHAJANCHI HAT District- Purnia
======================================================
Ali Reza S/o Md. Sharif Hussain Resident of Village-Gaiyari,PurabTola,P.S.
Araria,Distt.-Araria Bihar
... ... Petitioner/s
Versus
1. State Of Bihar
2. Virendra Thakur S/o Late Pitambar Thakur(Managing Director,The Purnea
District Central Co-Operative Bank Ltd. Purnea R/o Village-Sugma,P.S.
Teliya Ghat,Distt.-Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar Barnwal, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 31-01-2026 This petition has been filed for quashing of order
dated 15.12.2015 passed by learned Chief Judicial Magistrate,
Purnea in K. Hat P.S. Case No.720 of 2015, G.R. No.4860 of
2015 whereby and whereunder the court concerned took
cognizance for the offence under Sections 341, 353, 504 and
427 of I.P.C.
2. From the status report, it appears that the said case
has already been disposed of and accused petitioner has been
acquitted on 30.07.2019.
3. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
4. Learned APP for the State has no objection to this
Patna High Court CR. MISC. No.77336 of 2018(2) dt.31-01-2026
2/2
prayer of the petitioner.
5. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U T
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