Patna High Court
Rajendra KamalversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is dismissed as the matter has become infructuous.
Summary
Petitioner Rajendra Kamal filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash a Judicial Magistrate's order dated 30-06-2017 that had taken cognizance of offences under Sections 420 and 406 of the Indian Penal Code. The petitioner argued that the case had become infructuous and should be disposed of. The State of Bihar raised no objection to the petitioner's prayer. The High Court, after hearing both sides, held that the application could be dismissed as the proceedings were indeed infructuous. Consequently, the court disposed of the criminal miscellaneous application.
Issues considered
- Whether a criminal miscellaneous application under Section 482 CrPC can be dismissed on the ground that the underlying case has become infructuous
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 406, 420
Subjects
- Section 482 CrPC
- quash order
- infructuous
- criminal miscellaneous application
- IPC Sections 420 406
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37102 of 2018
Arising Out of PS. Case No.-995 Year-2015 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Rajendra Kamal S/o Late C.B. Singh, R/o Mohalla- Bakarganj, Church
Compound , P.S.- Pirbahore, District- Patna and at present residing at C/o Mr.
Arat Singh, S/o Mr. Sukhdeo Singh, B.M. Das Road, Narayan Plaza Flat No.
401, P.S.- Pirbahore, District- Patna.
... ... Petitioner/s
Versus
1. State of Bihar.
2. Bimal Paul Jermy, aged about 52 Years religion Christian, S/o Johan Jeremy,
Treasurer, R/o Tripolia Gulzarbagh, P.S.- Alamganj, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate.
For the Opposite Party/s : Smt. Meena Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
30.06.2017 passed by learned Judicial Magistrate, 1st Class,
Patna in connection with Complaint Case No.995(C) of 2015 by
which cognizance under Section 420 & 406 of the I.P.C. has
been taken against the petitioner.
3. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.37102 of 2018(2) dt.10-02-2026
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prayer of the petitioner.
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of as it has become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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