Patna High Court
Prem Ratan Singh @ Prem Ratan Rai and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is dismissed as infructuous and the case is disposed.
Summary
The petitioners filed a petition in the Patna High Court seeking to quash an order dated 12 March 2018 passed by the Additional Chief Judicial Magistrate‑I, Danapur, which had taken cognizance of offences under IPC sections 147, 148, 149, 341, 323, 302, 120‑B and Section 27 of the Arms Act. The petition argued that the matter 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. After hearing both sides, the Court held that the petition was indeed infructuous and ordered the case to stand disposed. Consequently, the petition was dismissed without further adjudication on the merits.
Issues considered
- What is the appropriate disposition of a petition seeking to quash a criminal order when the matter has become infructuous?
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120-B, 147, 148, 149, 302, 323, 341
Subjects
- quash petition
- criminal procedure
- infructuous
- IPC
- Arms Act
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36615 of 2018
Arising Out of PS. Case No.-547 Year-2017 Thana- DANAPUR District- Patna
======================================================
1. Prem Ratan Singh @ Prem Ratan Rai
2. Vidya Ratan Rai @ Vidya Ratan Singh @ Ray
3. Raj Ratan Singh @ Raj Ratan Ray All 1 to 3 S/o Late Niyam Pal Rai,
4. Nishant Kumar @ Chunnu @ Bulbul, S/o Shri Prem Ratan Singh @ Prem
Ratan Rai, All resident of Village- Naya Tola, P.S.- Danapur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. This petition has been filed for quashing the order
dated 12.03.20185 passed by learned Additional Chief Judicial
Magistrate-I, Danapur in Danapur P.S. Case No. 547 of 2017,
whereby and whereunder the Court concerned took cognizance
under Sections 147, 148, 149, 341, 323, 302, 120-B of Indian
Penal Code and Section 27 of the Arms Act against the
petitioners.
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
Patna High Court CR. MISC. No.36615 of 2018(2) dt.10-02-2026
2/2
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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