Patna High Court
Deo Narayan Yadav and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the petition had become infructuous and therefore disposed of it.
Summary
The petitioners Deo Narayan Yadav and Krishna Kumar Yadav filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 31.01.2018 passed by the Sub‑Judge VII cum A.C.J.M., Patna, which had taken cognizance of offences under Sections 366(A) and 120(B) of the Indian Penal Code. The petitioners argued that the case had become infructuous and should be disposed of. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' prayer. The High Court, after hearing both sides, agreed that the proceedings were infructuous and disposed of the petition. Consequently, the order of the Sub‑Judge was effectively set aside without further adjudication.
Issues considered
- Whether a petition under Section 482 CrPC for quashing the Sub‑Judge's order is maintainable.
- Whether the order taking cognizance of offences under Sections 366(A) and 120(B) IPC should be quashed.
- Whether the case has become infructuous warranting its disposal.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120B, 366A
Subjects
- Criminal Procedure
- Section 482
- Infructuous case
- Quash petition
- IPC 366A
- IPC 120B
- Cognizance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35279 of 2018
Arising Out of PS. Case No.-431 Year-2017 Thana- KADAMKUAN District- Patna
======================================================
1. Deo Narayan Yadav Son of Late Drap Lal Yadav, resident of Village-
Manikpur, Ward No. 8, P.S. Fulkaha, District Araria.
2. Krishna Kumar Yadav, Son of Late Shadhu Sharan Yadav, resident of
Village- Khajur, P.S. Shor Bazar, District- Saharsa.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Gyan Sagar, Son of Laxmi Tiwari, resident of Village- Rajendra Nagar, Road
No. 10, Flat No. 6/56 B- 5, P.S. Kadamkuan, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, 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 31.01.2018 passed by the
learned Sub-Judge VII cum A.C.J.M., Patna in Kadam Kuan
P.S. Case No. 431 of 2017 by which cognizance was taken
against the petitioners for the offences under Sections 366(A)
and 120(B) 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.
Patna High Court CR. MISC. No.35279 of 2018(2) dt.09-02-2026
2/2
4. Learned A.P.P. for the State has no objection to this
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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