Patna High Court
Kailash Prasad Singh and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of as infructuous.
Summary
The petitioners, Kailash Prasad Singh and Neelam Devi, filed a criminal miscellaneous petition challenging an order dated 19‑11‑2017 of the Sub‑Divisional Judicial Magistrate, Pupri, which had taken cognizance of offences under IPC sections 341, 323, 504, 427 and 436/34. The petitioners contended that the proceedings had become infructuous and sought disposal of the petition. The State of Bihar, represented by an A.P.P., raised no objection to the petitioners’ request. After hearing both sides, the High Court held that there was no merit in continuing the petition as the matter was indeed infructuous. Consequently, the Court ordered the petition to be disposed of. The order was pronounced by Justice Sunil Dutta Mishra on 10‑02‑2026.
Issues considered
- Whether the criminal miscellaneous petition can be disposed of on the ground that the proceedings have become infructuous
- Whether the order of the Sub‑Divisional Judicial Magistrate taking cognizance under the specified IPC sections should be set aside
Legislation cited
- Indian Penal Code — s. 323, 341, 427, 436, 504
Subjects
- Criminal Procedure
- Infructuous Petition
- Cognizance
- IPC Sections
- Petition Disposal
- High Court Order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37204 of 2018
Arising Out of PS. Case No.-199 Year-2016 Thana- BAJPATTI District- Sitamarhi
======================================================
1. Kailash Prasad Singh S/o Sri Muni Lal Singh,
2. Neelam Devi W/o Kailash Prasad Singh, Both are R/o Vill.- Bhagwanpur
Choubey, P.S.- Bajpatti, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Muni Lal Singh S/o Late Jainath Singh, R/o Vill.- Bhagwanpur Choubey,
P.S.- Bajpatti, District- Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, 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 against the order dated
19.11.2017 passed by learned Sub-Divisional Judicial
Magistrate, Pupri, Sitamarhi in Bajpatti P.S. Case No. 199 of
2016, corresponding to Tr. No. 6583 of 2017, whereby and
whereunder the Court concerned took cognizance under
Sections 341, 323, 504, 427 and 436/34 of Indian Penal Code
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.37204 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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