Patna High Court
Aditya Anand @ Prince and AnrversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the petition is disposed of as the case has become infructuous.
Summary
The petitioners, Aditya Anand and Abhishek Anand, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 06-10-2017 passed by the Sub‑divisional Judicial Magistrate, Patna, which had taken cognizance of offences under Sections 304B and 120B of the Indian Penal Code. The petition argued that the proceedings had become infructuous and therefore should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' prayer. The Court examined the submissions and found no merit in continuing the proceedings as the case was indeed infructuous. Consequently, the Court disposed of the petition, effectively terminating the criminal proceedings against the petitioners.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing the magistrate's order is maintainable in the present circumstances
- Whether the criminal proceedings have become infructuous warranting disposal of the petition
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120B, 304B
Subjects
- Criminal Procedure
- Section 482
- Infructuous proceedings
- Quash petition
- Dowry death
- Criminal conspiracy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34879 of 2018
Arising Out of PS. Case No.-230 Year-2016 Thana- DIGHA District- Patna
======================================================
1. Aditya Anand @ Prince
2. Abhishek Anand @ Abhishek Kumar Anand, Both are sons of Surendra
Prasad Sinha @ Surendra Prasad Yadav, Resident of Mohalla- Shivajee
Nagar, P.S.- Digha, District- Patna.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bela Singh, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioners 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 06.10.2017 passed by the
learned Sub-divisional Judicial Magistrate, Patna in G.R. No.
5800 of 2016, Digha P.S. Case No. 230 of 2016 by which
cognizance was taken against the petitioners for the offences
under Sections 304B/ 120B of the I.P.C.
3. Learned counsel for the petitioners submits that this
case has become infructuous, accordingly, the same may be
disposed of.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.34879 of 2018(2) dt.09-02-2026
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prayer of the petitioners.
5. Considering the submissions of the learned
counsels for the parties, the present case is disposed of having
become infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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