Patna High Court
Arvind Singh @ Dablu Singh and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Code of Criminal Procedure, 1973 — s. 482
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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