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Patna High Court

Manoj Singh PatelversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petition is dismissed because the case has become infructuous.

Summary

The petitioner, Manoj Singh Patel, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 12 June 2017 passed by the Special Judge Excise Act, Kaimur, which had taken cognizance of offences under Sections 120B/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that the proceedings had become infructuous and therefore should be disposed of. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The Court examined the submissions and found no merit in continuing the proceedings as the matter was indeed infructuous. Consequently, the Court disposed of the petition, effectively terminating the criminal proceedings against the petitioner.

Issues considered

  • Whether a petition under Section 482 Cr.P.C. seeking quash of an order can be dismissed on the ground that the case has become infructuous

Legislation cited

Subjects

  • Section 482 CrPC
  • infructuous case
  • quash order
  • criminal procedure
  • excise law
  • conspiracy
  • petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36177 of 2018
                   Arising Out of PS. Case No.-53 Year-2017 Thana- CHAND District- Kaimur (Bhabua)
                 ======================================================
                 Manoj Singh Patel Son of Sheo Dular Singh, Resident of Village-
                 Akhalashpur, P.S.- Bhabua, District- Kaimur at Bhabua.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajani Kant Pandey, Advocate
                 For the Opposite Party/s :      Smt. Anita Kumari, 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 12.06.2017 passed by the

                   learned Special Judge Excise Act, Kaimur at Bhabhua in Excise

                   Case No. 195 of 2017, arising out of Chand P.S. Case No. 53 of

                   2017 by which cognizance was taken against the petitioner

                   under Section 120B/34 of the I.P.C. and Section 30(a) of the

                   Bihar Prohibition and Excise 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.36177 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


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