Patna High Court
Jai Kumar SinghversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the petition was infructuous and therefore dismissed it.
Summary
The petitioner, Jai Kumar Singh, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 12 Oct 2017 of the Additional Chief Judicial Magistrate (VI) Bhojpur, which had taken cognizance of offences under Sections 420, 297 and 427 of the Indian Penal Code. The order had led to a criminal proceeding, but the trial court later acquitted the petitioner on 14 May 2025, as reflected in a report dated 30 Aug 2025. The petitioner argued that, because of the acquittal, the proceedings had become infructuous and the petition should be dismissed. The State of Bihar, represented by an A.P.P., raised no objection to the petitioner's request. The High Court, after considering the submissions and the trial court's report, held that the petition was moot. Consequently, the Court disposed of the petition as infructuous.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing a criminal proceeding can be entertained when the accused has already been acquitted and the case is infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 297, 420, 427
Subjects
- Criminal Procedure
- Section 482
- Quash petition
- Acquittal
- Infructuous
- Indian Penal Code offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9992 of 2018
Arising Out of PS. Case No.-1021 Year-2017 Thana- BHOJPUR COMPLAINT CASE
District- Bhojpur
======================================================
Jai Kumar Singh S/o Late Ram Yash Singh, R/o Village- Kolharampur, P.S.-
Barhara, District- Bhojpur.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Ragini Ranjan W/o Vinesh Kumar, R/o village- Kolhrampur, P.S.- Barhara,
District- Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramashray Roy, Advocate
For the Opposite Party/s : Mr. Sri Ahtash Ali Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioner 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 12.10.2017 passed by
the learned A.C.J.M. VIth, Bhojpur at Ara in Complaint Case
No. 1021C of 2017 whereby and whereunder cognizance was
taken against the petitioner under Sections 420, 297 and 427 of
the I.P.C.
3. As per the report, vide letter no. 4119/2025 dated
30.08.2025, the Court concerned has submitted that Complaint
Case No. 1021C of 2017 has been disposed of and the petitioner
has already been acquitted on 14.05.2025.
Patna High Court CR. MISC. No.9992 of 2018(3) dt.28-01-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner has already been acquitted and this case has become
infructuous, accordingly, prays for disposal of this case.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. Considering the submissions of learned counsels
for the parties 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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