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Patna High Court

Ali RezaversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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