Patna High Court
Rakesh Kumar and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was disposed as infructuous because the underlying criminal case had already been concluded.
Summary
The petitioners, four accused persons, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 29 November 2017 that had taken cognizance against them under Sections 302, 201 and 34 of the Indian Penal Code. The trial court had already disposed of the case on 29 January 2024, rendering the pending petition infructuous. The petitioners argued that the petition should be dismissed as there was no longer any operative proceeding. The State of Bihar raised no objection to the petitioners' request. The High Court, after noting the disposal of the trial case and the lack of any pending issue, ordered the petition to be disposed as infructuous. Consequently, the petition was dismissed without further hearing.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing an order remains maintainable when the underlying criminal case has already been disposed and become infructuous?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 201, 302, 34
Subjects
- Criminal Procedure
- Section 482 Cr.P.C.
- Quash Petition
- Infructuous Proceedings
- Indian Penal Code
- High Court Disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7773 of 2018
Arising Out of PS. Case No.-3 Year-2014 Thana- SHEIKHOPUR SARAI District-
Sheikhpura
======================================================
1. Rakesh Kumar, Son of Dinesh Singh,
2. Sipul Kumar, Son of Anuj Kumar,
3. Sushil Kumar @ Tunni Kumar, Son of Masudan Singh.
4. Uday Shankar Singh, Son of Brijnandan Singh, All are resident of Village-
Nimi, P.S.- Shekhapur Sarai, District- Sheikhpura.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Sri Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioners 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 29.11.2017 passed by
the learned A.C.J.M. Ist, Sheikhpura in Shekhopur Sarai P.S.
Case No. 3 of 2014 whereby and whereunder cognizance was
taken against the petitioners under Sections 302, 201 and 34 of
the I.P.C.
3. As per the status report, vide Letter No. 1692/2025
dated 20.08.2025, submitted by the learned Principal District &
Sessions Judge, Sheikhpura, Shekhopur Sarai P.S. Case No. 3 of
Patna High Court CR. MISC. No.7773 of 2018(3) dt.28-01-2026
2/2
2014 has been disposed of on 29.01.2024.
4. Learned counsel for the petitioners submits that this
case may be disposed of as the same has become infructuous.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
6. Considering the aforesaid facts and circumstances
and report of the learned Trial Court, this case is disposed of
having become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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