Patna High Court
Munna Yadav and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
Since the petitioners and the State agreed that the proceedings were infructuous, the Court disposed of the petition without further inquiry.
Summary
The petitioners sought quashing of an order dated 07-04-2018 passed by the Judicial Magistrate‑I, Buxar, which had taken cognizance under Section 323 of the Indian Penal Code against all petitioners and additionally under Section 379 IPC against petitioners 1 and 2. The petition argued that the proceedings had become infructuous and should be disposed of. The State, represented by the Assistant Public Prosecutor, raised no objection to the petitioners' request. The Court, after hearing both sides, accepted that the matter was indeed infructuous. Consequently, the Court disposed of the petition, noting that no further adjudication was necessary.
Issues considered
- Whether the petition for quashing the order can be entertained when the proceedings have become infructuous
Legislation cited
- Indian Penal Code — s. 323, 379
Subjects
- quash petition
- infructuous proceedings
- IPC 323
- IPC 379
- criminal procedure
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35361 of 2018
Arising Out of PS. Case No.-1010 Year-2017 Thana- BUXAR COMPLAINT CASE District-
Buxar
======================================================
1. Munna Yadav S/o Rajaram Yadav,
2. Dharmendra Kumar @ Dharmendra Yadav S/o Shiv Kumar Yadav,
3. Dev Kumar Yadav S/o Kailash Yadav,
4. Vijay Kumar Yadav @ Vrit Kumar Yadav S/o Kailash Yadav,
5. Shiv Kumar Yadav S/o Kailash Yadav,
6. Tinku Kumar @ Tiku Yadav, S/o Shiv Kumar Yadav,
7. BriBahadur Singh @ Bir Bahadur Yadav S/o Vyash Yadav,
8. Vyash Yadav S/o Late Kalapati Yadav,
9. Kailash Yadav S/o Late Kalapati Yadav,
10. Savitri Devi W/o Shiv Kumar Yadav,
11. Sukishra Devi @ Sukeshari Devi W/o Bir Bahadur Yadav, All resident of
Village- Keshath, P.O.- Keshath, P.S.- Nawanagar, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bindeshwari Yadav Son of Late Ramlal Yadav, resident of Village- Keshath,
P.O.- Keshath, P.S.- Nawanagar, District- Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Mishra, Advocate
For the Opposite Party/s : Mr. Manoj Kumar – 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 12-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. This petition has been filed for quashing of the
order dated 07.04.2018 passed by learned Judicial Magistrate-I,
Buxar in Complaint Case No. 1010(C) of 2017, whereby and
whereunder the Court concerned took cognizance under Section
Patna High Court CR. MISC. No.35361 of 2018(3) dt.12-02-2026
2/2
323 of Indian Penal Code against all these petitioners. In
addition to Section 323 of I.P.C., cognizance under Section 379
of I.P.C. was also taken against petitioner nos. 1 & 2.
3. Learned counsel for the petitioners submits that this
case may be disposed as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. In view of the submissions of learned counsels for
the parties, this case stands disposed of as it has become
infructuous.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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