Patna High Court
Harendra Chaubey @ Harindar Choubey and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is disposed of as infructuous because the underlying criminal case has already been concluded in the National Lok Adalat.
Summary
The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 20‑09‑2017 in which a complaint (Case No.108 of 2017) was taken cognizance of under IPC Sections 147, 323 and 379. The learned magistrate’s report indicated that the complaint had already been disposed of in a National Lok Adalat on 08‑09‑2018. The petitioners argued that the matter had become infructuous and should be dismissed, and the State raised no objection. The High Court, after considering the submissions and the report, held that the application was infructuous because the substantive criminal proceeding had already been concluded. Consequently, the court disposed of the application without further order.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. for quashing an order is maintainable when the underlying case has already been disposed of in a Lok Adalat.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 323, 379
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Lok Adalat
- Infructuous
- IPC offences
- Complaint disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34434 of 2018
Arising Out of PS. Case No.-108 Year-2017 Thana- BHABHU(KAIMUR) COMPLAIN C
District- Kaimur (Bhabua)
======================================================
1. Harendra Chaubey @ Harindar Choubey S/o Sant Chaubey.
2. Sunaina Devi, W/o Harendra Chaubey.
3. Ganesh Chaubey @ Ganesh Chaturbedi, S/o Sant Chaubey.
4. Saradha Devi @ Sodha Devi, W/o Ganesh Chaubey.
5. Sant Chaubey, S/o Late Ram Pratap Chaubey, All resident of Village-
Manuriya, P.S.- Chand, District- Kaimur Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Parvatee Devi, W/o Basant Chaube, resident of Village- Manuriya, P.S.-
Chand, District- Kaimur Bhabua.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Advocate.
For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 17-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
20.09.2017 passed by learned 7th Additional Chief Judicial
Magistrate, Kaimur at Bhabua in Complaint Case No.108 of
2017 by which cognizance was taken against the petitioners
under Sections 147, 323, 379 of the I.P.C.
3. As per the report submitted by the learned
A.C.J.M.-VII, Kaimur at Bhabua vide letter No.50 of 2026, the
Patna High Court CR. MISC. No.34434 of 2018(3) dt.17-03-2026
2/2
Complaint Case No.108 of 2017 has already been disposed of in
the National Lok Adalat on 08.09.2018..
4. Learned counsel for the petitioner submits that the
Complaint Case No.108 of 2017 has already been disposed of
and this case has become infructuous, accordingly, prays that the
present case 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 the report submitted by the concerned Court,
the present Cr. Misc. Application stands disposed of having
become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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