Patna High Court
Baijnath Das and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the petition is infructuous and disposed of the application, vacating the interim order.
Summary
The petitioners, a group of relatives from Chak Bahauddin, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 30 March 2016 that had taken cognizance against them under Sections 341, 323, 504 and 34 of the Indian Penal Code. The order had been passed by the Judicial Magistrate First Class, Dalsinghsarai, Samastipur. The petitioners argued that the matter had become infructuous and should be dismissed, while the State of Bihar raised no objection to this prayer. The Court examined the submissions and found no merit in continuing the proceedings, concluding that the case was indeed infructuous. Consequently, the Court disposed of the application, vacating the interim order dated 9 January 2024. The decision effectively ends the pending criminal proceedings against the petitioners.
Issues considered
- Whether the criminal proceedings initiated under Sections 341, 323, 504 and 34 IPC should be quashed under Section 482 CrPC on the ground that the case has become infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 34, 341, 504
Subjects
- Section 482 CrPC
- quash order
- infructuous case
- Indian Penal Code
- criminal miscellaneous application
- High Court of Patna
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14634 of 2018
Arising Out of PS. Case No.-151 Year-2014 Thana- DALSINGHSARAI District- Samastipur
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1. Baijnath Das Son of Late Ramjee Das,
2. Goni Das, Son of Late Ramjee Das,
3. Ram Prit Das, Son of Rameshwar Das.
4. Ram Prit Das, Son of Late Govind Das. null
5. Santosh Das @ Santosh Kumar Son of Baijnath Das. null
6. Ram, Baran Das, Son of Goni Das.
7. Navin Das, Son of Goni Das.
8. Manoj Das @ Manoj Kumar, Son of Goni Das.
9. Aadarash Das @ Aadarsh Kumar, Son of Goni Das.
10. Parmod Das, son of Sri Ram Prit Das.
11. Ramanand Das, Son of Late Kishuni Das.
12. Naresh Das, Son of Late Raghubir Das.
13. Shobha Devi, Wife of Ram Prit Das.
14. Meena Devi, Wife of Baij Nath Das.
15. Maya Daevi, Wife of Ram Baran Das.
16. Sunita Devi @ Sunita Kumari, Wife of Manoj Das, All are residents of
Village- Chak Bahauddin, P.S.- Dalsing Sarai, District- Samastipur.
... ... Petitioner/s
Versus
1. State of Bihar.
2. Dhaneshwar Das, Advocate, Son of Late Deena Das, Resident of Village-
Chak Bahauddin, P.S.- Dalsing Sarai, District- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Sinha, Advocate.
For the Opposite Party/s : Mr. Raj Ballabh Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 02-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
Patna High Court CR. MISC. No.14634 of 2018(3) dt.02-02-2026
2/2
under Section 482 of Cr.P.C. for quashing the order dated
30.03.2016 passed by learned J.M. 1st Class, Dalsinghsrai,
Samastipur in connection with Dalsing Sarai P.S. Case No.151
of 2014 by which cognizance has been taken against the
petitioners under Sections 341, 323, 504/34 of the I.P.C.
3. Learned counsel for the petitioners submits that this
case may be disposed of as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of as it has become infructuous.
6. The interim order granted on 09.01.2024 stands
vacated.
(Sunil Dutta Mishra, J)
Ritik/-
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