Patna High Court
Prahlad Kumar PaswanversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of on the ground that the case has become infructuous.
Summary
Petitioner Prahlad Kumar Paswan filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 20‑04‑2018 of the Additional & District Sessions Judge, Jamui, which had taken cognizance of offences under Sections 302, 376(d), 201, 120(B), 34 of the IPC and Sections 4, 6, 10, 12 of the POCSO Act. The petitioner argued that the case had become infructuous and should be disposed of. The State, through its Additional Public Prosecutor, raised no objection to the prayer. The High Court, after hearing both sides, held that the petition was maintainable but, given the circumstances, the proceedings were indeed infructuous and therefore ordered the petition to be disposed of. The order effectively quashes the earlier Sessions Court order without further adjudication on the merits.
Issues considered
- Whether a petition under Section 482 CrPC for quashing a Sessions Court order can be entertained when the underlying case has become infructuous
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120(B), 201, 302, 34, 376(d)
- Protection of Children from Sexual Offences Act — s. 10, 12, 4, 6
Subjects
- Criminal Procedure
- Section 482
- Infructuous case
- Quash petition
- High Court
- POCSO Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35035 of 2018
Arising Out of PS. Case No.-6 Year-2018 Thana- SIKANDRA District- Jamui
======================================================
Prahlad Kumar Paswan S/o Prakash Paswan, resident of Village-
Husaininganj, P.S.- Sikandara, District- Jamui.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 09-02-2026 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 20.04.2018 passed by the
learned Additional & District Sessions Judge 1st, Jamui in
Sikandara P.S. Case No. 06 of 2018 by which cognizance was
taken against the petitioner under Section 302, 376(d), 201,
120(B), 34 of the I.P.C. and Sections 4, 6, 10, 12 of the POCSO
Act.
3. Learned counsel for the petitioner 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
prayer of the petitioner.
Patna High Court CR. MISC. No.35035 of 2018(2) dt.09-02-2026
2/2
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
Checking your session…