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Patna High Court

Arvind Singh @ Dablu Singh and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as the matter has become infructuous following the discharge of the petitioners.

Summary

The petitioners Arvind Singh, Bablu Singh and Heera Shankar Singh filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the cognizance order dated 04.08.2017/18.08.2017 passed by the Judicial Magistrate in Complaint Case No. 657 of 2016. The State opposed the petition, submitting that the petitioners had already been discharged on 31.05.2024, rendering the matter infructuous. The learned Principal District & Sessions Judge provided a status report confirming the discharge. The High Court examined whether a petition under Section 482 could be entertained when the substantive proceedings had already concluded. Finding that the case was no longer live, the Court held that the petition was untenable. Consequently, the petition was dismissed and the matter disposed of as infructuous.

Issues considered

  • Whether a petition under Section 482 CrPC for quashing a cognizance order is maintainable when the accused have already been discharged and the case is infructuous.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash of cognizance
  • Discharge of accused
  • Infructuous proceedings

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.911 of 2018
                 Arising Out of PS. Case No.-657 Year-2016 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
           1.     Arvind Singh @ Dablu Singh, S/o Heera Shankar Singh,
           2.    Bablu Singh, S/o Heera Shankar Singh,
           3.    Heera Shankar Singh, S/o Late Shiv Govind Singh, All resident of Vill-
                 Lilvach, P.S.- Dinara, District- Rohtas.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    State Of Bihar
           2.    Bimala Devi, W/o Sri Krishna Singh, Vill- Majhiyanw, P.S.- Hassun Bajar,
                 Distt- Bhojpur Sasural, Vill- Lilawachh, P.S.- Dinara, Distt- Rohtas Maikey.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Indra Mohan Kumar, Advocate
                 For the Opposite Party/s :     Mr. Sri Mithilesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   28-01-2026                       The present petition has been filed under Section

                   482 Cr.P.C. for quashing the cognizance order dated

                   04.08.2017/18.08.2017          passed      by   the     learned     Judicial

                   Magistrate 1st Class, Bikramganj, Rohtas in Complaint Case No.

                   657 of 2016.

                                2. Vide report being letter no. 2298/2025/ Eng. Office

                   dated 19th September, 2025, learned Principal District &

                   Sessions Judge, Rohtas at Sasaram has sent status report with

                   respect to Complaint Case No. 657 of 2016 showing that the

                   petitioners have already been discharged on 31.05.2024.

                                3. Learned A.P.P. for the State submits that this case
              Patna High Court CR. MISC. No.911 of 2018(3) dt.28-01-2026
                                                          2/2




                        has become infructuous, accordingly, the same may be disposed

                        of.

                                     4. 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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