Patna High Court
Raj Aryan @ R. N. RajversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed and the case is disposed of as infructuous.
Summary
The petitioner, Raj Aryan, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 25 August 2017 that had taken cognizance against him under Section 417 read with Section 34 of the Indian Penal Code. The trial court later reported that the complaint case (No. 648 of 2016) had been disposed of on 25 February 2021. The petitioner argued that the matter had become infructuous and should be dismissed. The State had no objection to the petitioner's request. The High Court, after considering the submissions and the trial court's report, held that the case was indeed infructuous and ordered its disposal. Consequently, the petition was disposed of without further proceedings.
Issues considered
- Whether the petition under Section 482 CrPC for quashing the order taking cognizance under Section 417 IPC read with Section 34 IPC is maintainable when the underlying complaint has become infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 34, 417
Subjects
- Criminal Procedure
- Section 482 CrPC
- Section 417 IPC
- Section 34 IPC
- Quash Petition
- Infructuous Case
- Complaint Disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22580 of 2018
Arising Out of PS. Case No.-648 Year-2016 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
Raj Aryan @ R. N. Raj S/o Shri Shiv Kumar Sharma, R/o C/o Late Ramjee
Singh @ Ramjee Chaudhary, Chaudhary Niwas, Near Sant Mary School, P.O.
P.S. Bikramganj, District- Rohtas and presently posted as the Branch
Manager, Punjab National Bank, Sanjhauli Branch , P.O.- P.S.- Sanjhauli,
District- Rohtas.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Vijay Shankar Pandey S/o Late Shiv Bhajan Pandey, R/o Vill.- Jigni, P.O.-
Tilai, P.S.- Sanjhauli, District- Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Advocate
For the Opposite Party/s : Mr. Sri Harendra Prasad, 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 25.08.2017 passed by
the learned A.C.J.M., Bikramganj, Rohtas in Complaint Case
No. 648 of 2016 whereby and whereunder cognizance was taken
against the petitioner under Section 417 read with Section 34 of
the I.P.C.
3. As per the report, vide letter no. 2298/2025/ Eng.
Office dated 19.09.2025, the Court concerned has submitted that
Complaint Case No. 648 of 2016 has been disposed of on
Patna High Court CR. MISC. No.22580 of 2018(3) dt.28-01-2026
2/2
25.02.2021.
4. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same may be
disposed of.
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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