Patna High Court
Manoj Singh PatelversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120B, 34
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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