Patna High Court
BHUDEO PRASAD YADAV @ BHUDEO YADAVversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as infructuous because the criminal case has already been disposed and the accused acquitted.
Summary
The petitioner filed a petition under Section 482 CrPC seeking to quash part of an order dated 05-12-2017 passed by the Judicial Magistrate, 1st Class, Khagaria, which had taken cognizance of offences against certain accused in Complaint Case No. 343 of 2017. The status report indicated that the criminal case had already been disposed of with the accused acquitted on 01-07-2024. The petitioner argued that the petition was now infructuous and should be dismissed. The State and the informant raised no objection to the prayer. The High Court, after noting the acquittal and the lack of any pending proceedings, disposed of the petition as infructuous.
Issues considered
- Whether a petition under Section 482 CrPC for quashing an order remains maintainable when the underlying criminal case has been disposed and the accused acquitted, rendering the petition infructuous.
Subjects
- quash petition
- infructuous
- criminal procedure
- cognizance
- acquittal
- disposal of case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17193 of 2018
Arising Out of PS. Case No.-343 Year-2017 Thana- KHAGARIA COMPALINT CASE
District- Khagaria
======================================================
Bhudeo Prasad Yadav @ Bhudeo Yadav S/o Shital Prasad Yadav, Resident of
Village- Koyla, P.O.- Pirpanti P.S.- Pasraha, District- Khagaria.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Ramvilas Tanti, S/o Late Abadh Sharma @ Abadh Bihari Sharma, Resident
of Village- Parmanandpur, Tola- Samirnagar, P.S.- Chitragupta Nagar,
District- Khagaria.
3. Sunaina Kumari, Wife of Late Dashrath Prasad Gupta, Resident of Ward
No.15 DAV Road Khagaria, P.S.- Chitra Gupta Nagar, District- Khagaria.
4. Shyam Kishore Singh, S/o Late Brahmdeo Prasad Singh, Resident of
Village- Hardayalnagar Banni, P.S.- Maheshkhunt, District- Khagaria.
5. Radha Devi, Wife of Ram Vilash Tanti, Resident of Village- Parmanandpur
Tola, Samirnagar, P.S.- Chitragupta Nagar, District- Khagaria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the State : Mr. Yogendra Kumar, APP
For the Informant : Mr. Jai Kishor Poddar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
5 30-01-2026 This petition has been filed for quashing the part of
order dated 05.12.2017 passed by learned Judicial Magistrate,
1st Class, Khagaria in Complaint Case No.343 of 2017 whereby
and whereunder cognizance was not taken against O.P. Nos.3
and 4 rather cognizance for the offence under Section 323 of
I.P.C. was taken against O.P. Nos.2 and 4 as well as cognizance
was taken for the offences under Sections 323, 420, 406, 467,
468, 471, 120B/34 of I.P.C. against O.P. Nos.2 to 5.
Patna High Court CR. MISC. No.17193 of 2018(5) dt.30-01-2026
2/2
2. From the status report, it appears that the said case
has already been disposed of and the accused persons have been
acquitted on 01.07.2024.
3. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
4. Learned counsel for informant and learned APP for
the State have no objection to this prayer of the petitioner.
5. In view of the above, this petition is disposed of as
having become infructuous.
(Sunil Dutta Mishra, J)
Harish/-
U T
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